HomeMy WebLinkAboutMINUTES - 07131993 - H.4 0.1
FROM: Perfecto Villarreal, Director
Social Service Department
DATE: July 13, 1.993
SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING
DECISION BY JUAN CAMARILLO
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SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND
JUSTIFICATION
RECOMMENDATION:
That the Board deny Juan Camarillo's appeal of the General Assistance Hearing
decision.
BACKGROUND:
Claimant filed request for Hearing on April 30, 1993. The hearing was scheduled
for June 2, 1993. Claimant did not appear for the hearing, and the claim was
dismissed.
Signature:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
ACTION OF BOARD ON July 13 , 1993
APPROVED AS RECOMMENDED x OTHER
This is the time heretofore noticed by. the Clerk of the Board of Supervisors
for hearing on the appeal of the General Assistance Evidentiary Hearing
decision by Juan Camarillo.
C.A. Chapman, Social Service Department, General Assistance Appeals ,
presented the staff recommendation.
The appellant did not appear.
IT IS BY THE BOARD ORDERED tht the above recommendation is APPROVED; and the
appeal by Juan Camarillo of the General Assistance Evidentiary Hearing
decision is DENIED.
VOTE OF SUPERVISORS:
x UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AD
ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
ATTESTED July 13 , 1993
cc: Social Service Department PHIL BATCHELOR, CLERK OF THE BOARD OF
Appeals .Unit SUPERVNRSAAID CO NTY ADMINISTRATOR
Program Analyst:-
County Administrator
County Counsel BY j , DEPUTY
Juan Camarillo
Socia'!-Service DepartmentContra Please reply to:
40 Douglas Drive
Perterto Villarreal Costa
Martinez.California 94553-4068
—� Director
County
E
coy
EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL
IN THE MATTER OF: County Number: 502393 C4DC
Date of Notice:
JUAN CAMARILLO Date of Action:
753 Beatrice St. (Trailer) Filing Date: 4/30/93
Hearing Date: 6/02/93
Brentwood, CA 94513 Aid Paid Pending? N
STATEMENT OF FACTS
An Evidentiary Hearing was scheduled for 6/02/93 . Claimant was duly
notified of the date, time and place of Hearing via letter on 5/18/93 .
Claimant failed to appear for the Evidentiary Hearing; no postponement
was requested.
REASONS FOR THE DECISION
Department Manual Section 22-300, V, A, 3 states that if a claimant fails
to appear for an Evidentiary Hearing without previously arranging for a
postponement, the claim may be dismissed. The originally proposed action
shall take place immediately upon dismissal.
ORDER
The claim is dismissed as claimant failed to appear for the Evidentiary
Hearing. The benefits shall be discontinued as proposed in the Notice.
If you are dissatisfied with the order of this Decision, you may appeal
the matter directly to the Contra Costa County Board of Supervisors.
Appeals must be filed in writing with the Clerk of the Board, 651 Pine
Street, Martinez, 94553 . You must submit your appeal within 30 days of
the date of this decision. AID PAID PENDING A DECISION BY THE BOARD OF
OF SUPERVISORS ISNOT AVAILABLE.
Date: 6/03/93
Kate Quisenberry
Social Service Appeals Unit
KQ/nf
.4
Social Service Department Contra Please reply to:
40 Douglas Drive
Perfecto Villarreal Costa Martinez.California 94553-4068
Director
County
...........
5/18/93
e6 fA
JUAN CAMARILLO
753 Beatrice St. (Trailer)
Brentwood, CA 94513
Re: 502393 EW: C4DC
Filing Date: 4/30/93
Dear JUAN CAMARILLO
We have received your request for an Evidentiary Hearing about your
General Assistance benefits. Your hearing is scheduled for:
Location: 4545 Delta Fair Blvd.
Antioch, CA 94509
Date: 6/02/93
Time: 9:00 AM
Because 7 or more hearings are scheduled for the same hearing time, it
may be necessary for you to wait for some time before your case is
called. Cases will be heard on a first-come, first served basis. The
Hearing officer will appreciate your patience.
If you are unable to attend the hearing, please call 313-1790
If you do not attend, the Hearing Officer may dismiss your request
for Hearing. You have a right to an interpreter if you need one.
If you have also filed a request for a State Fair Hearing, you will
receive a letter from the State Department of Social Services about the
time and place for that hearing. The State Fair Hearing is separate and
apart from the County Evidentiary hearing.
Social Service Appeals Unit
KQ:sls
Social Service Der ~trr. it Contra Please reply to:
4545 Delta Fair Boulevard
Perfecto Villarreal Costa
Antioch,California 94509-3950
Drectu•
County
May 26, 1993
Juan Camarillo
753 Beatrice St.
Brentwood, CA 94513
Case Name: Camarillo, Juan
Number: 960502393-00-0
\'3 Su concesion continuada de asistencia general ha sido
aprobada a partir de 4193 . Segun su presupuesto, su
concesion continuada sera 307.
Vive solo, no comparte su hogar.
Es persona sin hogar.
Vive en hogar compartido, con otras personas que son
responsble por usted.
Vive en hogar compartido con otras personas que no son
responsable pro usted.
Hay una/o 1. persona(s) en su hogar.
$ 307 . CANTIDAD NORMAL DE ASISTENCIA.
$ MENOS INGRESOS/RECURSOS. (INGRESOS NO EN EFECTIVO)
$_ APROBACION DE NECESIDADES ESPECIALES.
$ MENOS AJUSTE DE PAGO EXCESIVO..
$ 307 . CANTIDAD DE PAGO MENSUAL.
Si acaso tiene algun cambio de ingresos, propiedad, estado de
empleo o alguna otra circunstancia que pueda afectar su
elegibilidad o subvencion, tiene que reportar la cantidad o cambio
inmediatamente a su trabajadora. Se le require que entrege un
reporte de ingresos cada mes. Las formas seran mandadas por
. co.rreo.
Esta accion es obligada por las leyes siguientes y/o reglamentoas.
Secciones del manual de departmento: 49-102 Recepcion y aplicacion
49-402 Detalle de necesidad-
Asistencia General
49-301 Ingresos
49-501 Pagos de asistencia
GA 239B Approval of General Assistance
�i ./Y i.J 1f �� 1
• C�ra�,.,,� Petit Nordslrand,M.f.O.C.
Costa 1
'{ l„n+4"�R7 tat5}Boe-2030 -
Fom"ic MCMaI Health Unit
10 DOtiglas OMC.s ile
Melina,:.Gslilomiaa�563
2w;Iaallon and commueeiy Tm9alnwrt 10r
.rWipyaT CQmmitiOQ mar"Iy to Wendero:
CJIMAR7I.Ti0, JUAN
URONT, MGVXT, U t=T 7;3 HEATRI(;S SUMT
FAX 3x3 33?§ �, GA. 91 13
(qO) 1-46 7668 .. .
(510) 631+•47512 wassaae
April 30, 1993 -
Perfecto Villarreal --
40 DOugUe Rd.
—
$SpSJ8G"P t CCC'Cb1I,7' I19�I1+�1�'� ICATYCHd, pD�T'IAI.
Kr. Villarrealt
In the earlier part of March 93' I applied for (A and 4vvn a March 31st appoint a it.
At the Interview r was told once all verification was to she wou?.d said me a check
within_7 to,11`days, as ;W-case was not ce ex.
On Agril.,first Y then arranged .�,tc 25Q, .P h_irit22�the =larstanding that
at the latest a check for $307 ywld come.by. 4/11/99• To date a check has not mese _
Lendlord re-uires 80't'tt XDM RM 8 h otherwise I will be Homeless.
6-- ``
My worker, Fran 1Ualley, states the belay is in MM"r=rj my = carni. I have been
In this country over 20�= and have a work history until I became disabled in 2989.
.1 have paid taxes'AIS PAUL N=TAND a county employee, verified that he knows my
DDM MATIM STATUS because he Las been oiy worker over TWO YURS and has guns to
IWaC&ATMZl in Sae Francisco with me. Still thap wait for a computer,(SAVIO to tell
thea I an net deportable. i1*"ter. Hordstand to also an Douaas Ed. B 646 i= .+herr
f see a potential discrimination problemt here,.verification of Other CA recepdents
is not verified ie: The Deni* license is taken for face value, a PCE receipt is taken
for faoe value, A DKV Identification card is taken for face value, "notes" from
sure..iZE fo-F face value, Wr ABS 50MUM-verificotions q.vestiarned CK.T.????
pmm i= nm TEis Ildi=TSLit I feel I an entitled to A* APM OD MAY MUM
XWMTATMY. litter &U ec s ^ ('I/,7
same an tl rei lvlil ,-� ell eZAn.�r�+� r WO
TOTRL P.01
CLERK OF THE BOARD
t Inter - Office Memo
TO: Social `Services Department DATE: June 14 , 1993
Appeals and Complaints Division
FROM: Jeanne Maglio, Chief Clerk
Ann Cervelli, Deputy Clerk
SUBJECT: Hearing on Appeal from Administrative Decision Rendered
on General Assistance Benefits Filed by Juan Camarillo
Please furnish us with a board order with your recommendations and
a copy of all material filed by both the appellant and the Social
Service Department at the time of the Appeals and Complaints
Division evidentiary hearing, plus any information which your
department may wish to file for the Board appeal which is set for
2:00P•m•on Tuesday, July 13 , 1993.
Attachment
cc:
Board Members
County Administrator
County Counsel
GA Program Analyst-SS Dept.
40Douglas Drive
The Board of SupervOirs Contra 0 cerk'othe Batchelor Board
and
County Administration BuildingCounty Administrator
Costa
651 Pine St., Room 106 Costa (510)646-2371
Martinez, California 94553 County
Tom Powers.1st District
Jeff Smith.2nd District
Gayle Bishop.3rd District
Sunne Wght McPesk.4th District f
Tom Torlakson,5th District
June 14 , 1993
Juan Camarillo
753 Beatrice Street
Brentwood, CA 94513
Appeal to Board of Supervisors
General Assistance Benefits
In response to your request and pursuant to Section 14-4. 006
of the County Ordinance Code, this is to advise that a hearing on
your appeal from the administrative decision rendered in your case
on General Assistance benefits will be held before the Board of
Supervisors in the Board Chambers, Room 107 , County Administration
Building, 651 Pine Street, Martinez, California, at 2 : 00 p.m. on
Tuesday, July 13 , 1993 .
In accordance with Board of Supervisors Resolution No. 75/28,
your written presentation and all relevant material pertaining to
the appeal must be filed with the Clerk of the Board (Room 106,
County Administration Building, 651 Pine Street, Martinez) at least
one week before the date of the hearing. Your attention also is
directed to the other provisions of said Resolution (copy enclosed)
which set forth the General Assistance Appeal procedure.
Very truly yours,
PHIL BATCHELOR, Clerk of the Board
of Su rvi rs a County Administrator
By C>Ann ervelli , Deputy C erk
Enclosure
cc: Board Members
Social Service Department
Attn: Appeals & Complaints
County Counsel
County Administrator
BOARD OAPERVISORS OF CONTRA COSTA COOY, CALIFORNIA
Re: General Assistance )
Appeals Procedure ) RESOLUTION NO. 75/28
(Jan. 14 , 1975)
The Contra Costa County Board of Supervisors RESOLVES TIIAT:
Appeals from decisions of the Social Service Department 's
Complaints and Appeals Division regarding General Assistance
are made to the Board of Supervisors pursuant to Board of
Supervisors Resolution 74/365; and this Board therefore estab-•
lishes these uniform procedures for. such appeals , effective
today.
1 . A written appeal must be filed with the Clerk of the
Board of Supervisors within 30 days after the decision by the
Hearing Officer of the Social Service Department' s Complaints
and Appeals Division.
2. Both the Appellant (the General Assistance applicant
or recipient) and the Respondent (the Social Service Department) '
must file .all written materials at least one week before the (late
set for Board hearing of the appeal.
3. Upon hearing of the -appeal , the Board shall make any
required fact determinations based .on the record on appeal. This
record shall include the Department 's Hearing Officer's fact
findings, plus any papers filed with that ,Officer. The board will
not allow the parties to present new facts at time of appeal ,
either orally or in writing, and any such preoentation Will be
disregarded.
If the .facts upop which the. appeal is based are not in
dispute, or if any. dispute.d,S,#Ctsl;are` not relevant to the issue
ultimately to be decided by .the Board, the Board will proceed
immediately to the next -spvp•�XlthoutjconsiderinP fact questions .
The parties may stipulate ,to•'an agreed set of facts.
4. Once the facts are determined, or if there are no fact
determinations required::by" th;4U�yt&1, the Board will consider
legal issues 'presented- by-`ths-appeal. Legal issues are to be .
framed, insofar as possible, before the hearing and shall be
based on the Department 's Hearing Officer's decision and such other .
papers as may be filed.
Appealing parties may make legal arguments both by written.
brief and orally before the..Board. ! If the issues are susceptible
of immediate resolution, the .Board may, if it desires , immediately
decide them at the appeal hearing;. If the County Counsel's ad-
vice is needed on legal questions, the Board will take the matter
under submission, reserving its final judgment until it receives
such advice.
-1-
RESOLUTION NO. 75/28
JP6_ ` •
5. If the Board's tentative decision is adverse to the
appellant, the Board may modify or reverse its tentative con-
clusion for policy reasons, insofar as such modification is not
Inconsistent with law. Such action may be taken when -the Board,
in its discretion, determines it -to be necessary to moderate or
eliminate unduly harsh effects that might result from strict
application of law or regulation. The Board may also determine
that its policy for similar future cases is to be modified in
accordance with its decision. Unless so stated, a decision
shall have no precendential effect on future cases . '
6. Having made factual determinations, having received
advice on the legal issues, and having applied policy considera-
tions , the Board will in due course render its decision. The
decision will be in writing, stating findings of fact if any have
been made, and summarizing the reasoning of the decision. The . .
Board may direct the County •Counsel ,to draft a proposed decision
for its consideration.
7 . The Board may contract w.ith :a hearing officer, who shall .
be a member of the California Bar, to .act on its behalf in con-
ducting General Assistance appeals. The Board 's Hearing Officer
shall follow steps. 1 through .,4 ,above,, and shall recommend a
proposed decision, stating findings o� fact and summarizing the
reasoning of the proposed decibion. The Board then will in its
discretion, adopt the proposed decision, adopt a modified de-
cision in accordance with step 5 above, or reject the proposed
decision and render an independent decision based on its own
interpretation of the record on appeal and applicable law.
i PASSED on January 111 , 1975, unanimously by the Supervisors present .
I
QRIMED COPY
I certify that this is a full, true ! torrect coV7 of
the original document which is on file In m7 offlee,
and that It was passed & adopted by the Board of
Supervisors of Contra Costa County, California, on
the date shown. ATTEST: J. R. OLSSON, County
Clerk A e:offlclo Clerk of said Board of Supervisors,
b7 Deput Clerk.
niN 1g 1975
cc: Director, Human Resources Agency
Social Service
County Counsel
County Auditor-Controller
County Administrator
I+ '
RECEIVED
- - -July 11 W3
CLERK SOME)OF SUPERVISOR
CONTRA COSTA CO. .... .
cs
7S3
r
RECEIVE® 4.
- --JUN- -�- ----
C Rwl BOARD OF SUPERVISOR -
-_CONIRA_COS7A_CO..
53
�T
FROM: Perfecto Villarreal, Director
Social Service Department
DATE: July 13, 1993
SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING
DECISION BY CYNTHIA WENDELL
SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND
JUSTIFICATION
RECOMMENDATION:
That the Board deny Cynthia Wendell's appeal of the General Assistance
Hearing decision.
BACKGROUND:
Claimant filed request for Hearing on February 10, 1993. The hearing was
scheduled for May 13, 1993. Claimant did not appear for the hearing, and the
claim was dismissed.
Signature:
ACTION OF BOARD ON July 13 , 1993
APPROVED AS RECOMMENDED OTHER x
This is the time heretofore noticed by the clerk of the Board of Supervisors
for hearing on the appeal of the General Assittance Evidentiary Hearing
decision by Cynthia Wendell .
C.A. Chapman, Social Service Department, General Assistance Appeals ,
presented the staff report and recommendation.
Cynthia Wendell , appellant, presented testimony relative to her appeal.
The Board discussed they.matter.
On recommendation of Supervisor Powers , IT IS BY THE BOARD ORDERED that
the appeal of Cynthia Wendell from the General Assistance Evidentiary
hearing decision is GRANTED.
VOTE OF SUPERVISORS:
x UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AD
ENTERED ON THE MINUTES OF THE BOARD OF
cc: Social Service Department SUPERVISORS ON THE DATE SHOWN.
Appeals Unit
Program Analyst ATTESTED July 13 , 1993
County Administrator PHIL BATCHELOR, CLERK OF THE BOARD OF
County Counsel
Cynthia Wendell SUPERVISORS A COUNTY ADMINISTRATOR
BY a , DEPUTY
,0TI(,`E'0F PROMSED ACTION
TY
GENERAL"ASSISTANCE PROGI Y� A
GA 239 H
DEL.10/92
NOTICE DATE
CASE NAME 2 L L r Y 1'ti T1-.I A
NUMBER 73- 41 t Z.Y7 3-C-1-
WORKER NAME lj!.j-)c Vi
NUMBER A4
TELEPHONE 171t- loci I
ADDRESS 431 •1 CIN
ArOALC AIFNUF
3
1 C ri NIL! C A 4 C 5
Questions? Ask your Worker.
(ADDRESSEE) Si n*cesita una traduccL6n de #Jto, 11ame a au trooajador(m)
Xin Ong/bl i1fn I#c wit Thfm 91ah ViOn as RI.h .81. 4n bin dich
CYNITH14 3 WEN017L.L.
?400 'JAY 131
CA - 14906
V p GRANT PP )k
9!%IFR T Z114T% i
v 'A P r
YOU HA � 1:1 V1 YQUIR .1 L A S
TH V,1,L G f J�P. A j C
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dr 3 fJV E zt!)A YM r- S CGLLECTA?L.F* N= HAV" E1-T F P-1 1 11 FC T, AT;
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Yru -) ir. �vlT 'IFET Y�Lv� 7,70q?TTIIIS Rf-: Sc,1N.'7In1LTT 17
TNI- nVr:?PAY'171JT WILL IE Rc:. =rPPE0 T-1 TF-;.Z- P EFNE F 17
c7EC,17F-RY 'WJT'T-'--jR rrLLF_ .- ! - 10
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THIS T VT LL '1- VIJIJ"TC,) YOU74
YOU td ILL r1F '110TTI- rEC, OF: 71HE A0JU^) r4 .--,NT AM:7,LN7 !A
A SnAPATE L Ti-111.0
CiVERPAY47111 'r CALCULAT !r?"J:
UEP.PAYNENT '.11-11NITIA
. TOTAL "�:�A',JT
AMG1JNT9='
`LTGTLF G.P4-41
-777—77-
TOTAL flVF'�?AY"PNT AVOUNT '2 Z 221
GRANC nV=:Z?AYMFNT TOTAL 52�. 7 fo
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TIN TFiE 714TH THAT THF qV�-RPAYMPNT GJC r-!J R 7 L .0 IJ F1T PF 0 R P10 *,CLJP S. -
RK EINTITL `N- YOU TO A CREDIT OF THIS c�,,.77T`r 1F- irjc
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IF 1' .ACTION IS Q.!-: '41JTRE0 6Y TFE FOLUIWING LA4 S #,A'in
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CEPAPTiMIENT 4ANLI4L SECTIO"! 41-100 IllFFSPCN !171, ILI TIr, 3
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41-540 VII 'I VER, PA Y 11 F:N T S
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239H(5/87)
GA 239 H
1. You have the right to a conference with representatives of the Social Service Department to`talk about this intended
action. At such a conference, you may speak for yourself or be represented by a lawyer, a friend or other spokesman.
If you want a conference, contact your worker within ten days of the date of this notice.
2. If this notice proposes a denial or discontinuance or a period of ineligibility for failure to meet program
requirements, you are entitled to a hearing at which the Department must prove your failure to comply, and you will
be entitled to show that the failure is excused for good cause or because it was not willful.
3. Whether you request a conference or not, you also have the right to request a Hearing and a decision. Your request
must be in writing. Your request for a hearing must be mailed or delivered to Social Service Department within 14
days of the date of this notice.
4. If you ask for a Hearing within 14 days of the date of this notice, and if this notice proposes a reduction or
termination of a GA grant that you are now receiving, your aid will be continued until a decision has been reached.
5. Your county worker will help you ask for a Hearing.
6. if the decision is that you were not entitled to the aid which you were paid, the overpayment may be recovered from
you by reducing your General Assistance grant after the. decision, or through other legal means.
7. At a Hearing you have the right to be represented by an attorney or any other person (a friend, relative, or any other
spokesman) of your choice. If you need an interpreter we will provide one for you. You may obtain free legal advice
and services by contacting the nearest legal services office at:
CONTRA COSTA LEGAL SERVICE SERVICES FOUNDATION
From East CCC call 439-9166
From West CCC call 233-9954
From Central CCC call 372-8209
8. You have the right to request that the Eligibility Worker, Work Programs staff, or any staff member who has actual
knowledge regarding the issue under appeal be present at the Hearing as a witness.
9. Regulations governing Hearings are available at this office of the county welfare department.
IF YOU WISH TO REQUEST A HEARING,WRITE TO:
Office of Appeals Coordinator
40 Douglas Drive
Martinez, CA 94553-4068
Please include one copy of this notice with your hearing request and keep the other copy for your records.
If you wish to have your worker or other staff person present at the Hearing, please indicate that on your Hearing request.
REMEMBER THAT FOUR REQUEST FOR HEARING MUST BE MAILED OR DELIVERED TO THE SOCIAL
SERVICES DEPARTMENT WITHIN 14 DAYS OF THE DATE OF THIS NOTICE.
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CLERK OF THE BOARD •
Inter - Office Memo
r
TO: Social Services Department DATE: June 4 , 1993
Appeals and Complaints Division
FROM: Jeanne Maglio, Chief Clerk
Ann Cervelli, Deputy Clerk
-SUBJECT: Hearing on Appeal from Administrative Decision Rendered
on General Assistance Benefits Filed by Cynthia S. Wendell
Please furnish us with a board order with your recommendations and
a copy of all material filed by both the appellant and the Social
Service Department at the time of the Appeals and Complaints
Division evidentiary hearing, plus any information which your
department may wish to file for the Board appeal which is set for
2 : 00 p.m on Tuesday, July 13 , 1993 .
Attachment
cc:
Board Members
County Administrator
County Counsel
GA Program Analyst-SS Dept .
40Douglas Drive
'The' Board of Supervi§ws Contra • CeFrk)ofttheBoard
and
Coiinty Administration BuildingCota County Administrator
Costa 651 Pine St., Room 106 s (510)646-2371
Martinez, California 94553 County
Tom Powers. 1st District
Jeff Smith,2nd District
c_E
Gayle Bishop,3rd District
Sunne Wright MCPeak 4th District
Tom Torlakson,5th District c ,1
(OUB '
June 4 , 1993
Cynthia S. Wendell
2409 Aberdeen Way #31
Richmond, CA 94806
Appeal to Board of Supervisors
General Assistance Benefits
In response to your request and pursuant to Section 14-4. 006
of the County Ordinance Code, this is to advise that a hearing on
your appeal from the administrative decision rendered in your case
on General Assistance benefits will be held before the Board of
Supervisors in the Board Chambers, Room 107 , County Administration
Building, 651 Pine Street, Martinez, California, at 2 : 00 p.m. on
Tuesday, July 13 , 1993 .
In accordance with Board of Supervisors Resolution No. 75/28,
your written presentation and all relevant material pertaining to
the appeal must be filed with the Clerk of the Board (Room 106,
County Administration Building, 651 Pine Street, Martinez) at least
one week before the date of the hearing. Your attention also is
directed to the other provisions of said Resolution (copy enclosed)
which set forth the General Assistance Appeal procedure.
Very truly yours,
PHIL BATCHELOR, Clerk of the Board
of S ervis s and runty Administrator
ByJ AKA
Ann r e i Depu y C er
Enclosure
cc: Board Members
Social Service Department
Attn: Appeals & Complaints
County Counsel
County Administrator
BOARD OF&ERVISORS OF CONTRA COSTA CO*Y, CALIFORNIA
Re: General Assistance )
Appeals Procedure ) RESOLU'T'ION NO. 75/28
(Jan. 14 , 1975)
The Contra Costa County Board of Supervisors RESOLVES THAT:
Appeals from decisions of the Social Service Department 's
Complaints and Appeals Division regarding General Assistance
are made to the Board of Supervisors pursuant to Board of
Supervisors Resolution 7 +/365 ; and this Board therefore estab-•
lashes these uniform procedures for such appeals , effective
today.
1 . A written appeal must be filed with the Clerk of the
Board of Supervisors within 30 days after the decision by the
Hearing Officer of the Social Service Department 's Complaints
and Appeals Division.
2. both the Appellant (the General Assistance applicant
or recipient) and the hespondent (the Social Service Department )
must file all written materials at least one week before the (late
set for Board hearing of the appeal.
3. Upon hearing of the.-appeal , the Board shall make any
required fact determinations based .on the record on appeal . This
record shall include the Department 's Hearing Officer's fact
findings, plus any papers filed with that .Offlcer. The Isoard will
not allow the parties to present new facts at time of appeal ,
either orally or in writing, and any such prezentation will be -
disregarded.
If the .facts upop which .the„ appeal is based are not in
dispute, or if any, dispute.d,.rjtpts!•,are' not relevant to the issue .:.,
ultimately to be decided by .the Board, the Board will proceed
immediately to the next •sCep.,,XLthoutico.nsiderinp fact questions .
The parties may stipulate ,to•"an e.greed set of facts .
4 . Once the facts are determined, or if there are no fact
determinations required.1y" thgjAa�D'bhl , the hoard will consider
legal issues -presented- by `the appeal. Legal issues are to be
framed, insofar as possible, before the hearing and shall be
based on the Department 's Hearing Officer's decision and such other .
papers as may be filed.
Appealing parties may make 'legal arguments both by written
brief and orally before the..Boarddi If the issues are susceptible
of immediate resolution, the .Board may, if it desires , immediately
decide them at the appeal hearing. If the County Counsel's ad-
vice is needed on legal questions', the Board will take the matter'
under submission, reserving its final ,judrment until it receives
such advice.
-1-
RESOLUTION NO. 75/28
' ',•• • tip • � •
• /.lam -�r�' -� .
J
5. If the Board's tentative decision is adverse to the
appellant , the Board may modify or reverse its tentative con-
clusion for policy reasons, insofar as such modification is not
Inconsistent with law. Such action may be taken when .the Board,
in its discretion, determines it to be necessary to moderate or
eliminate unduly harsh effects that might result from strict
application of law or regulation. The Board may also determine
that its policy for similar future cases is to be modified in
accordance with its decision. Unless so stated, a decision
shall have no precendential effect on future cases . '
6. Having made factual determinations , having received
advice on the legal issues, and having applied policy considera-
tions , the Board will in due course render its decision. The
decision will be in writing, stating findings of fact if any have
been made, and summarizing the reasoning of the decision. The .• .
Board may direct the County •Counsel ,to draft a proposed decision
for its consideration. - •
7 . The Board may contra ct, with :a hearing officer, who shall .
be a member of the California Bar, to .act on its behalf in con-
ducting General Assistance appeals . The Board 's Hearing Officer
shall follow steps , I through 4 above,, and shall recommend a
proposed decision, stating findings o� fact and summarizing the
reasoning of the proposed deci§ion. The Board then will in its
discretion, adopt the proposed decision, adopt a modified de-
cision in accordance with step 5 above, or reject the proposed
decision and render an independent decision based on its own
interpretation of the record on appeal and applicable law.
j PASSED on January Ili , 1975, unanimously by the Supervisors present .
I
I
URTIMED COPY
I oertify that this is a full, true ! correct co»y of
the original document which is on file in my office.
and that it was passed A adopted by the Board of
Supervisors of Contra Costa County, California. on
the date shown. ATTEST: J. R. OLSSON, County
Clerk!e:officlo Clark of said Board of Supervisors,
by Deput Clerk.
JAN 1 4 1975
cc: Director, Human Resources Agency
Social Service
County Counsel
County Auditor-Controller
County Administrator
' 4ti
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1" VC
JUN -
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!�i CLERK BOARD OF SUP
'
Cu COSTA CO SUPERVISORS
11:
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FROM: Perfecto Villarreal, Director
Social Service Department
DATE: July 13, 1993
SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING
DECISION BY DWIGHT T. REED III
SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND
JUSTIFICATION
RECOMMENDATION:
That the Board deny Dwight Reed's appeal of the General Assistance Hearing
decision.
BACKGROUND:
Claimant filed request for Hearing on March 1, 1993. The hearing was
scheduled for April 26, 1993. The claim was denied.
Signature:
ACTION OF BOARD ON July 13 , 1993
APPROVED AS RECOMMENDED x OTHER
This is the time heretofore noticed by the Clerk of the Board of
Supervisors for hearing on the appeal of the General Assistance
Evidentiary hearing decision by Dwight T. Reed III .
C.A. Chapman, Social Services Department, General Assistance Appeals ,
presented the staff recommendation.
The appellant did not appear.
IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED;
and the appeal by Dwight T. ,Reed III of the General Assistance
Hearing decision is DENIED.
VOTE OF SUPERVISORS:
x UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AD
ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
cc: Social Service Department
Appeals Unit ATTESTED July 13 , 1993
c7l Program Analyst PHIL BATCHELOR, CLERK OF THE BOARD OF
County Counsel SUPERVISORSAM
CL D COUNTY ADMINISTRATOR
County Administrator
Dwight T. Reed III BY , DEPUTY
Please
Social. Service Department Contra 40Dougla Drive 40 Douglas Drive
Potrfecto Villarreal Costa
Martinez,California 94553-4068
Director
County
rr1 cfiii�t'
GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION
IIS' THE MATTER OF:
Dwight Reed, claimant County No.: 0792-0473726-W4JB
2224 Ohio St. Notice of Action: 02/17/93 & 2/18/93
Richmond, CA 94804 Effective Date: 02/28/93 & N.A.
Appeal Filing Date: 03/01/93
Aid Paid Pending: Yes
Date of Hearing: April 26, 1993
The hearing was fust scheduled for April 5, 1993. Claimant was given a good cause
postponement and the heating rescheduled for April 26, 1993.
The hearing record was left open to allow the claimant and the County time to submit
further information and time for claimant to respond to the County information. The
County submitted further information on 4/26/93; the information was sent to claimant
on 4/28/93. No further information was received from claimant and the hearing record
was closed on 5/7/93.
Place of Hearing: Richmond, California
Appeals Officer: Carole C. Allen
Work Programs Representative: Evie Carlock
Income Maintenance Representative:' Wanda Wong, Eligibility Work Supervisor
ISSUE
1) Whether the County is correct in it's discontinuance of claimant's General
Assistance, and the imposition of a one month period of ineligibility, based on
From PHONE No. 00000000000000000 Mar.31 1993. 5:19PM P02
-CoUNYY OF SANTA CLARA
017FICE OF THE DISTRICT ATTORNEY
family Sopport Division
264.5 zanker Read
'In Joao. #,#iifornja 95134
(40R) 433-9600
gootge 0. Kennody
District Attorney
March 16, 1993
DWIGHT T. REED, III
2224 OHIO AVE
RICHMOND, CALIFORNIA 94704
RE; COUNTY OF SANTA CLARA VS DWIGHT T. REED, III
DEAR SIR:
THIS IS JUST A ULMINDER THAT THE TRIAL HAS 'REEN CONT
INUED 'M APRIL 5, 1993 at 1:30YM IN DEPT 21 OF SANTA CZARA
(XXWY SUPERIOR CIDUR.V. IN THE MEAN TXM WE ARE ARRANGING
A DATE FOR A BLOM DRAW AND WILL ADVISE YOU A=RDINGLY
RAY MORRIS
FSB CASE #0044805 380wqs
"signed worker#lso4
3632/00487IN
DWIGHT T. REED lTII.
2224 OHIO AVE
RYCKMOND,CALIFORNIA. 94804
PHONE (510)430-6925
FRH CQUER ._.SHEET
0. c'�c�� �.� FAX NO:, �
.)DMPANY:
'RANSMITTINGAGES, INCLUDING THIS COVER SHEET.
F YOU EXPERINCE DIFFICULTY WITH THIS TRANSMISSION,
1EASE CONTACT: 510-233-6852 IMMEDIATELYI
)RIGINAL COPY WILL BE SENT ONLY ON REQUESTI
WRRN1NG
SUNFURNTIRL '
rHE INFORMATION HEREIN AND/ORWHICH FOLLOWS AND IS TRANSMITTED
S PRIVILEGED,TRADE SDCRET AND/OR CONFIDENTIAL INFORMATION,
WENDED ONLY FOR THE VIEWING AND USE OF THE RECIPIENT NAMED
IBOVE.
F THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,
'OU ARE HEREBY NOTIFIED THAT ANY REVIEW, USE,COMMUNICATION,
)ISSEMINATION OR COPYING OF THIS COMMUNICATION IS STRICTLY
)ROTI IBITEDI
2:03PM' P02
From DW I GHT REFI!, I I I
PHONE No. 510 233 6852 Mar.01 1993
TO THE OFFICE OF APPEALS
I WOULD LILE TO REQUEST AN APPEA1, I-IEAI<IN(.i IN REGARDS TO 11w.
FOLLOW ING CA' & J;02-047.j720-00 0 WORKER NAME C. BOUTELLF,
SES.
WORKER li %X"41b
I WOULD ALSO LIKE TO REQUEST THE PRESENTS 01" MY CLA I MS WORKER,
AND HER SUPERVISOR, MY WORK FAIR WORKER, ALI, 01" THE WORK SITE
WORKERS THATI HAVE WORKED FOR, AND THERE SUPERIORS AT MY
HEARIN6,
I FEEL THAI` TEAS CLAIM OF WILLFUL FAILURE TO DO W(.')RKFARF, IS WRONG
UNFAIR AICD WITH OUT GOOD CAUSE! DOTOTHE IN PART TO ANA1311SEOF
POWER ON 'THE PART OF ONE WORKSITE WORKER AND A LAZY, AND OR OVER
WORKED CLAINIS WORKER!! I WILL ALSO BRING ALL PAPERS WHICH WILL
SHOW AND PROVE MY SIDE!
00p.
DWIGHT T. REED
2/28/93
TO THE OFFICE OF APPEALS
I WOULD LIKE TO REQUEST AN APPEAL HEARING IN REGARDS TO THE
FOLLOWING CASES: 492-0473726-00-0 WORKER NAME C. BOUTELLE
WORKER # W41B
I WOULD ALSO LIKE TO REQUEST THE PRESENTS OF MY CLAIMS WORKER,
AND HER SUPERVISOR, MY WORK FAIR WORKER, ALL OF THE WORK SITE
WORKERS THAT I HAVE WORKED FOR, AND THERE SUPERIORS AT MY
HEARING
I FEEL THAT THIS CLAIM OF WILLFUL FAILURE TO DO WORKFARE IS WRONG
UNFAIR AND WITH OUT GOOD CAUSE! DO TO THE IN PART TO AN ABUSE OF
POWER ON THE PART OF ONE WORKSITE WORKER AND A LAZY, AND OR OVER
WORKED CLAIMS WORKER!! I WILL ALSO-BRING ALL PAPERS WHICH WILL
SHOW AND PROVE MY SIDE!
DWIGHT T. REED
2/28/93
IOTICE Of PROPOSED ACTION _ COUNTY OF ,
:ENERAL ASSISTANCE PR06RA C C N T R A COSTA GA 239 H
DEL 10192
NOTICE DATE 02-17-93. W 4 J R
R
CASE NAME REED DWIGHT
NUMBER q?—C473726-00-0
WORKER NAME C BOUTELLE
NUMBER W 4.J B
-TELEPHONE 374-3972
ADDRESS3431 MAC00''ALE AVENUE
R ICH►+CNC CA 94805
Questions?Ask your Worker.
. .. ., ;•• _ .. c
aeeait* una tr.Cu�etdn d. fsco I]w..• .0 tr•e.�w orf
•)
ADDRESSEE) iln deiiei lain lir • 1
Thii 61nn t/in.cu..�inn niu cin bin aien
r CWIGHT THOMAS REFD
2224 OHIO ST
PT(HPIOND
L CA 94804
'Y.OUR. GENEkA.L..A9 f STA�TC' Wil AE.�O-ISCOPITiNIiEa EFFECTIVE SEP' 2S• 19.93
PFCAUSE YOU HAVE DEMONSTRATED WILLFUL NONCOCPERATION OR NCNCOMPLIANCE
WITF kORK PROGRAM REOI.)IRFMENTS RY FATLUa.E TO PEET YOUR P.ESPCNSIB.ILITIES
WT TFCLT :'GOGO CAUSE IN THESE SPECIFIC INSTANCES:
DATE 0F .PAILUP,F(S) NATURE Of F.AILURE(S )
!AEC AUSE OF THESr: FAILURES YOU .WI.,LL .PE ..INFLIGIElLE T0. GENERAL ASS.ISTANC.E
F0R . A ..PFRI0D .0Fi�. ..
MONTH `
( WZEC MONTHS
( ) SIX MOUTHS
TE Y^L, WISH T0? REAPQ Y FOR GENER L ASSISTANCE, .YOU MAY .'AGAIN- .BE .
FLICIPLC- TC .AID 0h! Q. AFTER _y _ DE PENCIN6 UPON YOUR
CIRCU""STANCES AT THAT TIME.
ANY FURTHER FAILURE TO PEET THE ELIGIBILITY RECUIREMENTS OF GENERAL
ASSTSTANCIF MAY RESULT .IN ANOTHER PERIOD OF INELTGI'PTLITY.
IF YOU HAVE ANY QUESTIO`;S, OR YCU 3FLIEVE THIS ACTION IS INCORRECT• OR
YOU WISE•! TO GIVE YOUR REASONS WHY YOU . THIRK ANY FAILURE TO COOPERATE CR
TO CCPPLY WITH GA . REOUIRFIKENTS SHOULC RE FXCUSEDs �YCU AR£. -ENT-jTLf:0 T.O,
TALK AECUT .THESE THINGS WIT► YOUR %0R.KFR CR THE SUPERVISOR.
1.
THIS ACTION IS RFOUTRETY BY THE .FOLLOW.ING tAW5 'AND/OR REGULATIONS
DFPPRTNENT. MANUAL S.ECTrom,s: . 49—.102 :APPLICATICN. AND REC,EPTICN
49-111 OTSCONTINUEf GOO.0 CAUS EE
WILLFULNESS AND PER TOO :OF "
.. :INEL IG IP IL I TY .. .
49-210 EMPLOYARLF PRCGRAM
51-500 FMPLONMENT SERVICES
!?OAPO RESOLUTION 97/553 ;
i
r;i la C 1 f— FA T: GHQ ME R N —
li
.A 239H(5/87) "' !
0716P3 H
GA 239 H
1. You have the right to a conference with representatives:of the Social Service Department to talk about this intended
action. At such a conference, you may speak for,yourself or be represented by a�lawyer, a friend or other spokesman.
If you want a conference, contact your worker:within.ten days of the date of this notice.
2.. If this notice proposes a denial or discontinuance or a period of ineligibility for failure to meet program
requirements, you are entitled to a hearing at which the Department must prove your failure to comply, and you will
be entitled to show that the failure is excused for good cause or because it was not willful..
3. ;; Whether you,.request a conference or not, you also have the right to.request a Hearing and a decision. Your request
must be in.,writing.Your request for a hearing must be mailed or delivered to Social Service Department within 14
days of the date of this notice:.
4. If you ask for a Hearing within 14 days of the date of this notice, and if this notice proposes a reduction or
termination of a GA grant that you are now receiving, your aid will be continued until'a decision has been reached.
5. Your county worker will help you ask for a Hearing..
6.'J If the decision is that you were not entitled'to the aid which you were paid,,the overpayment may be recovered from
you.by reducing your General Assistance grant after the decision, or through other legal means.
7. At a Hearing you have the right to be represented by an attorney or any other person (a friend, relative, or any other
spokesman) of your choice. If you need an interpreter we will provide one for you. You may obtain free legal advice
and services by contacting the nearest legal services office at:
CONTRA COSTA LEGAL SERVICE SERVICES.FOUNDATION
From East.CCC call 439-9166
From West CCC call 233-9954
From Central CCC call 372-8209
8. You have the right to request that the Eligibility Worker, Work Programs'staff, or any staff member who has actual
knowledge regarding the issue under appeal be present at the Hearing as a witness.
9'.'. Regulations governing Hearings are available at this office,of the.county welfare department.
IF YOU WISH TO REQUEST A HEARING,WRITE TO '
Office of Appeals Coordinator
40 Douglas Drive
Martinez, CA 945534068
Please include'.one copy of this notice with your hearing request and keep the other copy for your records.
If you wish to have your worker or other staff person present at the Hearing, please indicate that on your Hearing request.
REMEMBER THAT YOUR REQUEST FOR HEARING MUST BE MAILED OR DELIVERED-TO.THE.SOCIAL
SERVICES DEPARTMENT WITHIN 14 DAYS OF THE DATE OF THIS NOTICE.
4. -
L�datra Cvsta'County �. ocial Service Deppartment
t,: ENERAL ASSISTANCE
NOTICE OF INTENOED ION
030 Muir Road ❑ '3431.Macdonald Avenue
$s RIGHTTO RkQ0 EST AN - . Martinez.CA 94553 Richmond.(A 94WS
EVIDENTIARY. HEARING ❑ 4545 Delta Fair Blvd. ® 1305 Macdonal&Avenue
Antioch;CA 94509 :''Richmond,CA-194801
jr. . . -.�: •,i:,,.....•v•nrr.rt•r.n ..n.. ,rre, r r..n:.. .: 9 ...t09 ..
. ❑•2401 Stihwell Drib 00 ❑ 3 OSan Pablo Dam Road
r
'+, .... El Sobiante.,CA 94603
;;. Concord,CA 9520
13
❑ S2S Second Street
•
94572
DATE F,7B .16 .1993
Dwight Reed
..2224 Ohio Street CASE NAME ,
Richmond CA 94804 Dwight Reed
CASE NUMBER •
0792-473726
Your case "has ))een 'ref erred"-tb'� re• Invest"sgat.ion Unit because you -failed to .report your
earnings from PIXPAY SERVICES, INC.
This failure to report has resulted in overpayments .-in your General ..Assistance case for the
months of May to July 3992 ,8 Novmeber 1992. The overpayment is $924. Please .see the.attached
budget computation.
Overpayments .are adjus.tab.le.. and/or collectable.. This overpayment is" due and collectable and
must be repaid immediately. . Payment may be made tos :. y.
Office of .Revenue Collections
P. 0. Box 8184.
Walnut Creek, CA 94596
If .you. do. not ..ply back "Ys' money., the County .can take action.-to 'collect 'the overpayment out
of your cash gran`t. eaph month.. ' 'You..will be 'sent another .letter, from your Eligibility Worker,
showing' you .how 'much�will be collected each 'month.
When you failed to report this income, you did not meet your. reporting responsibilities.-.as
outlined in the Department Welfare Regulations and on your monthly income report" (CA-7) . You
must promptly report any '.changes in lincome or need which alight affect your eligibility or grant
amount.
In the .future, if you do not tell us about any changes in your household and all the income
• you receive, we may send your case to the District Attorney's Office for possible prosecution.
THIS ACTION.IS REQUIRED BY THE FOLLOWING LAWS ANO/OR REGULATIONS:
D.M. 49-501 "
1f you have.any question please contact me.
ELIGIBILITY WORKER TELEPHONE NUMBER
S. .Q'lait
..- 374-7043
COPY 1 8 2: APPLICANT/RECIPIENT
GA 239 1 (New 916) COPY 3: IM Case File Fasteners 6
You have the right to a conferQpde.>rvith4eo� Mfves of the Social Service Department to talk
about this intended action. At such $cPbjAh' you may speak for yourself or be represented
by a lawyer, a friend or other spoke'sr>•iari, I �r�q-Wbnt a conference, contact your worker within
10 days of the.date of this ndtfce:
2. If this notice proposes a disco uai cel�rlV allurePu "tto'J meet program requirements you are entitled
to an opportunity to establish good cause for the failure.
3. If this notice also proposes a period of ineligibility for failure to meet program requirements you
are entitled to a supervisory review of this action and to have an an evaluation made as to the
willfulness of the failure.
4. Whether you request a conference or not, you also have the right to request an Evidentiary Hearing
and decision. Your request must be written and it must state that you want a hearing and why
you are dissatisfied. Your request for a hearing must be made within 30 days of the date of this
notice.
IF YOU ASK FOR AN EVIDENTIARY HEARING WITHIN 30 DAYS OF THE DATE OF THIS
NOTICE AND IF THIS NOTICE PROPOSES A REDUCTION OR TERMINATION OF A GA
GRANT THAT YOU ARE NOW RECEIVING, YOUR AID MAY BE CONTINUED UNTIL THE
EVIDENTIARY HEARING DECISION HAS BEEN REACHED.
5. Your county worker will help you ask for an Evidentiary Hearing.
6, If the Evidentiary Hearing decision is that you were not entitled to the aid which you were paid,
the overpayment may be recovered from you by reducing your welfare grant after the Evidentiary
Hearing decision or through other legal means.
7. At an Evidentiary Hearing you have the right to be represented by an attorney or any other person
(a friend, relative, or any other spokesman), of your choice. If you need an interpreter we will
provide one for you. You may obtain free legal advice and the services of a lawyer by contacting
the nearest legal services office at:
CONTRA-COSTA LEGAL SERVICES FOUNDATION
from Eastern Contra Costa County from West Contra Costa County
Call 439-9166 233-9954
from Central Contra Costa County
372-8209
8. You have the right to request that the Eligibility Worker,the Vocational Counselor, or any staff
member who has actual knowledge regarding.the issue under appeal be present at the Hearing
as a witness.
9. Regulations governing Evidentiary Hearings are available at this office of the county welfare
department.
IF YOU WISH TO REQUEST AN EVIDENTIARY HEARING,WRITE TO:
office of Appeals Coordinator
1340 Arnold Drive M 200
Martinez, CA 94553
Please include one copy of this notice with your hearing request and keep the other copy for your records.
If you wish to have your worker or other staff person present at the Hearing, please indicate that on your
Hearing request.;
GA 239-Revers'
e 8/85{ ,
Social-Service Department Contra Please reply to:"
40 Douglas Drive
Pa iecto Villarreal Costa Martinez,California 94553-4068
Director
County
:7
GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION
IN TBE MATTER OF:
Dwight Reed, claimant County No.: 0792-0473726-W4JB
2224 Ohio St. Notice of Action: 02/17/93 & 2/18/93
Richmond, CA 94804 Effective Date: 02/28/93 & N.A.
Appeal Filing Date: 03/01/93
Aid Paid Pending: Yes
Date of Hearing: April 26, 1993
The hearing was first scheduled for April 5, 1993. Claimant was given a good cause
postponement and the hearing rescheduled for April 26, 1993.
The hearing record was left open to allow the claimant and the County time to submit
further information and time for claimant to respond to the County information The
County submitted further information on 4/26/93; the information was sent to claimant
on 4/28/93. No further information was received from claimant and the hearing record
was closed on 5/7/93.
Place of Hearing: Richmond, California s
Appeals Officer: Carole C. Allen
Work Programs Representative: Evie Carlock
Income Maintenance Representative: Wanda Wong, Eligibility Work Supervisor
ISSUE
1) Whether the County is correct in it's discontinuance of claimant's General
Assistance, and the imposition of a one month period of ineligibility, based on
Evidentiary Hearing Decision
Dwight Reed
4792-0473726
Page 2
clairtmanfs willful failure, without good cause, to meet General Assistance
requirements when he failed to appear for his scheduled Workfare assignments
with Work Programs on Fcbnay 1, 1993 through February 12, 1993.
2) Whether the County is correct in its determination that claimant has been overpaid
in the amount of$924 in General Assistance funds during the months of May to
July, 1992 and November, 1992.
3) Whether the overpayment is adjustable and/or collectable.
COUNTY POSITION
1) Claimant, as an employable recipient of General Assistance (G.A.j is required to
comply with certain Work Programs r+Gquiciments. On 1/21/92, claimant had his
responsibilities to the program explained to him and he signed an Employable
G.A. Cooperation Agreement. On 1/26193, claimant was given a Work Programs
Placement and Attendance Record slip advising him of his next Workfare
assignments for 2/1/93 through 2112/93 at St. Vincent dePaul Society. Claimant
objected to the change of Workfare assignment from Community Services to St.
Vincent dePaul. According to County records, claimant did not appear for the
scheduled Workfare assignments.
Based on the above, the County notified claimant of the discontinuance of his
G.A. and the imposition of a one month period of ineligibility because of
claimant's willful failure, without good cause, to cooperate with requirements of
the G.A. program.
2) Claimant has received G.A. since January. 1992. Claimant was given a verbal and
written explanation of his responsibilities to the program on 1/21/92 when he
signed a G.A. Agreement, On 1211/92 the County received an IEVS/Integrated
Earnings Clearance showing that claimant had earnings of$771 at Pixpay Services
during the 4/92 through 6/92 quarter. Claimant had submitted CA 7 reports for
each month at issue stating he had no earnings or income other than G.A. The
County contacted Pixpay Services on 1/14/93. Pixpay Services stated that
claimant was hired by them on 4/28/92 and received a final paycheck on
11/23/93. On 1/22/93 the County received more detailed information that
indicated claimant had earnings during the months of 5/92, 6/92, 7/92, and 11/92.
Evidentiary Hearing Decision
Dwight Reed
0792-0473726
Page 3
The County's overpayment unit calculated the overpayment and determined that
claimant had been overpaid in G.A. funds as follows:
May, 1992: $122
June, 1992: $327
July, 1992: $284
Nov.,1992: $191
TOTAL OVERPAYMENT: $924
3) The County contends that the overpayment is adjustable and collectible in that
claimant did not meet his reporting responsibilities when he failed to report his
comings.
CLAIMANTS POSITION
1) Claimant testified that he objected to the change in his Workfare assignment from
Community Service to St. Vincent dePaul. He stated that he sees this change as
punishment because he docs not get along with one of the Community Services
crew leaders. He reported that the crew leader was driving in an unsafe manner
with several Workfare participants in the van. He feels that because of his
complaints, he was given a different assignment with more hours per week. The
St. Vincent depaul assignment is for five days a week and will keep him from job
search and other important activities. Claimant stated he does not remember why
he did not appear for the 211/93 Workfare assignment but he thinks he was either
at a job interview or in court. Claimant was given an opportunity to submit
further information to verify either a job interview or court date but no further
information was submitted. Claimant stated he has job interviews as often as
possible as he wants to get off G.A.
2) Claimant stated he has never heard of Pixpay Services. Claimant did not deny he
was working during 5/92 through 7/92, and 11/92. He stated he had not received
any money in check form from any place but from the County G.A. program.
Claimant agreed that it was his Social Security number listed on the information
from Pixpay Services. Claimant stated other persons had used his Social Security
number. He said he would submit information regarding others' use of his Social
Security number. However, no further information was received. Claimant did
not respond to the information sent to him on 4/28/93 regarding his alleged
earnings at Pixpay Services.
Evidentiary Hearing Decision
Dwight Reed
0792-0473726
Page 4
REGULATORY AUTHORITY
Department Manual Section 49-210,II,A,1,provides that an individual who does not have
a medically verified physical or mental disability, or who has not been determined to be
unemployable by the Vocational Counselor, is considered employable.
Department Manual Section 49-210,II,B,1, provides that persons dctennined employable
must sign and comply with requirements of the GA-34, Tmployable General Assistance
Cooperation Notice'.
Department Manual Section 49-210,IV,B,I,c, provides that employable recipients must
actively participate in and cooperate with Workfare, as assigned
Department Manual Section 51-520AA,1 provides that persons who fail or refuse to
participant in workfare without good cause when there is an appropriate assignment
available are subject to a period of ineligibility.
Department Manual Section 51-520,IIAI, provides that participants receiving a grant of
$307 per month are assigned to Workfare for a maximum of 72 hours per month.
Department Manual Section 51-501AB,10, provides that participants in the Workfare
Program are required to work as a condition of receiving assistance.
Board of Supervisors Resolution #92/857 adopted December 15, 1992, provides:
Part 7, Section 703: A recipient who fails or refuses to comply with General Assistance `
Program requirements as expressed in this resolution or in the Social Service Department
Manual of Policies and Procedures shall be discontinued aid and sanctions will be
imposed as follows unless the recipient shows that the failure or refusal to comply was
for good cause.
Section 704 governing discontinuance of aid and sanctions provides:
(a) Absent evidence to the contrary, it is presumed that the duties of Department staff
have been currently performed. Absent evidence to the contrary, it is presumed that the
ordinary consequences of an applicant's or recipient's voluntary acts are intentional.
Evidentiary Hearing Decision
Dwight Reed
0792-0473726
Page S
(b) A willfW act is one that is intentional or without reasonable excuse or cause. It need
not be done with malice, nor with a specific purpose to violate program requirements.
Failure to comply by a person who is mentally disabled to the extent that s/he does not
understand his/her responsibilities or is incapable of fulfilling them is not willful.
Conduct which involves physical disability or lesser mental disability may or may not be
willful.
(c) Each case will tarn on its own facts. A determination must be made based on
evidence. Evidence can be direct or it may be inferred from a recipient's acts. The
burden of proof to establish good cause is on the recipient.The Department may prove
lack of good cause by demonstrating (A) willful failure or refusal of the recipient to
follow program requirements, or (B)not less than three separate acus of negligent failure
of the recipient to follow program roquirements, which may include acts for which the
recipient has previously been discontinued from aid or sanctioned.
Department Manual Section 49-111,II,E,1,provides that a recipient who fails to cooperate
with the Social Service Department by failing to meet any one of his or her enumerated
responsibilities without good cause, shall be discontinued aid, and sanctions will be
imposed as follows:
a. first failure: one month
b. second failure: three months.
c. third failure: six months.
Department Manual Section 49-111,U, provides for good cause reasons for failure to
cooperate with program requirements. The reasons which establish good cause for a
failure to cooperate or comply must be verified, and ane limited to the following:
a. employment has been obtained,
b. scheduled job interview or testing,
c. mandatory court appearance,
d. incarceration,
e. illness,
f. death in the family,
g. other substantial and compelling reason. These must be reviewed and approved
by the Division Manager.
Department Manual Section 49-103JLB, provides in relevant part that the recipient is
responsible for assuming as much responsibility as s/he can within his/her physical or
Evidentiary Hearing Decision
Dwight Reed
0792-0473726
Page 6
mental capacities, for cooperating with Social Service staff and any other Agency to
which Social Service may refer him/her.
Department Manual Section 49-301,1V, B,provides that net income from earnings is that
which remains after subtracting all involuntary deductions and mandatory expenses
incurred in securing or ruining employment.
Department Manual Section 49-301, III, B, provides that all net income and liquid assets
in excess of $50 of the GA individual or budget unit aro considered available to meet
current needs, and must be considered in determining financial eligibility and amount of
grant.
Department Manual Section 49-501,VIII,A,1, provides that an overpayment occurs if
a. the recipient was not entitled to payment because s/he did not meet eligibility
requirements on the first of the month,
or
b. s/he was eligible but received a grant of $2 or more in excess of the amount
to which s/he was eligible for that month.
Departmza:.Manual Section 49-501,VIII,B, provides that the recipient is presumed to be
informed of his reporting responsibilities and to know of changes in his income, need,
resources, and other cinvmstances affecting his eligibility. This presumption may be
rebutted by evidence presented by the recipient. Prompt reporting is defined as notifying
the agency by the third working day after the change in circumstances.
Department Manual Section 49-501,VIII,D,b, provides that where the client did not meet
his/her reporting responsibilities the adjustment period is indefinite. The total amount of
the overpayment is to be adjusted regardless of whether assets are available. Right to
demand repayment of any amount not adjusted exists, and a referral to the Office of
Revenue Collections shall be made. The amount of the overpayment to be adjusted is
reduced by the Workfare credit for the same month.
CONCLUSION AND FINDING OF FACT
1) Claimant did not appear for his scheduled Workfare assignments in February.
Claimant made a decision that it was more important for him to look for work-
than
orkthan to comply with Work Programs requirements. Claimant knew his
Evidentiary Hearing Decision
Dwight Reed
0792-0473726
Page 7
responsibilities to the program. He knew the penalties for failing to cooperate.
Claimant did not have a justifiable excuse for missing his February Workfare
assignments. Claimant's assignment with St. Vincent dePaul for the month of 7
Febniary totalled 65 hours per month. Claimant receives $307 per month in G.A.
benefits. Thus, claimant's 65 hour assignment is 7 hours under the maximum that
the County could require of him. Claimant's former assignment to Community
Services was several hours less than the maximum Claimant has not provided
a good cause reason for his failing to appear for his February Workfare
assignments. The County's proposed action is sustained.
2) The evidence presented shows that claimant had earnings during 5/92 through
7/92, and 11/92 that he did not report to the County. Claimant's income repotting
for each of those months shows no earnings or income other thaw G.A. Claimant
at hearing denied that he had worked for Pixpay Services. His testimony was not
credible in light of the evidence presented by the County. The overpayment
which is part of the hearing record has been correctly computed. Claimant was
overpaid $972 during the months at issue. The County's determination of
claimant's overpayment is correct.
3) Claimant knew his reporting responsibilities in r--Z rd to reporting income. He
failed to meet his responsibilities when he failed to report his earnings from
Pixpay Services during the months of 5/92, 6/92, 7/92, and 11/92. As he failed
to meet his responsibilities, the overpayment is adjustable and/or collectable. The
County's action in this matter is upheld.
Evidentiary Hearing Decision
Dwight Reed
0792-0473726
Page 8
ORDER
Claim is denied in all respects.
Claimant's G.A. shall be discontinued and a one month sanction period shall be imposed.
The $972 overpayment is adjustable and collectable.
a 'ef
aA
Social Service Appeals Officer ate
?Fppeals Wei#am 9daiWer ate
If you are dissatisfied with this decision you may appeal the natter directly to the Contra
Costa County Board of Supervisors. -
Appeals must be filed in writing with the Clerk of the Board, 651 Pinc St., Martinez, CA
94553. Appeals must be Bled within thirty (30) days of the date of this Evidentiary
Hearing Decision.
No further aid paid pending a Board of Supervisors appeal.
Contra Costa County RQU LIP Social Service Department
TO: PCN: DATE:
Please eck Correll Address
❑ 40 Douglas Dr., Martinez
❑ 30 Muir Road, Martinez
E] 1340 Arnold Drive#220,Martinez ❑ Administration
(Training/Appeals) ❑ Area Agencyon_Aging
❑ 2500 AlhambraAve.,Martinez ❑
❑ 4545 Delta Fair,Antioch ❑ 100 Glacier Dr., Martinez
❑ 3431 MacdonaldAve.,Richmond (Lion's Gate)
❑ 1305 Macdonald Ave.,Richmond ❑ 2301 Stanwell Dr.,Concord
❑ 3045 Research Dr., Richmond (Centralized Closed Files)
❑ 3630 San Pablo Dam Rd., EI Sobrante ❑ 2450 A-Stanwell Dr.,Concord
❑ 525 Second Street, Rodeo (YIACT)
❑ 330-25th Street, Richmond(PIC) ❑
OTHER DEPARTMENTS
MARTINEZ ❑ Auditor/Controller ❑ DA Family Support
❑ County Administrator ❑ Welfare Section ❑ ❑ DA Investigations
i Risk Manaqement ❑ Health Services ❑ Data Processing Services
❑ County Counsel ❑ County Hospital ❑ Probation
❑ Public Defender(ADO) ❑ Ward ❑ Purchasing
❑ County Personnel ❑ CCC Health Plan. ❑ ❑
CONCORD WALNUT CREEK RICHMOND JUVENILE COURT
❑Central Services ❑Office of Revenue Collection ❑Public Defender ❑ Antioch
❑Public Defender ❑ ❑ ❑ Richmond
❑ ❑ Martinez
OTHER:
AS ❑ Requested FOR Necessary Action NOTE & ❑ Return
❑ Discussed ❑ Information ,w❑ Discard
❑ Recommehbi tion- ❑ File
"It-1-t WED
❑[Approvi3►i[Slgnature _.
COMMENTS p
MAY 2 81993
_...tRK •��'_� �=1'ERVISORS
FROM: _/ PCN:' TELEPHONE NUMBER
R 2(Rev.2/92) ❑ SEE REVERSE FOR ADDITIONAL COMMENTS
. 1
2
3 RECEzz. IVED
3 11
4 MAY z 8 1993
51993 CLER ; ��� -
MAY C{
RICHMOND OFFICE
7 SOCIAL.SERVICE DEPARTMENT
8 )
COUNTY. OF CONTRA. COST4aIntiff(S) j Docket No# 0792-0473726-w4
9 SOCIAL SERVICE DEPTARTMENT ) W4JB
i
10 ALSO APPEAL OF THE
11 NOTICE DATED 5/13/93
12 Defendant )
DWIGHT T. REED, III
IN PRO-PER
13
I
14
15 TO THE OFFICE OF THE BOARD OF S z f PERT I SEOR S OF APPEALS
16
17 I WOULD LIKE TO REQUEST AN APPEAL HEARING IN REGARDS TO THE
FOLLOWING CASES: *92-0473720-00-0 WORKER NAME C. BOUTELLS
18 WORKER * W41B E.H.D. #Cl7c)2-047,i72i6
i
19 � I WOULD ALSO LIKE TO REQUEST THE PRESENTS OF MY CLAIMS WORKER,
20 ! AND HER SUPERVISOR., MY WORK FAIR WORKER, ALL OF THE WORK SITE
4ORKERSS THriT I HA'%'E 44C!RKED FOR, AND THERE ;SUPERIORS AT MY
HEARING.
22 THAT r �� j F A TJ T{ �'� �d7_ ,k' t1 T C 1 1% �hT['
I FEEL HAT THI ._LAIM F ,� ILLFUL FA A .� DO._ „ORTIT�ARE 1� r�..�.��..3
23 I UNFAIR AND WITH OUT GOOI! CAUSE! DO TO THE IN PART TO AN ABUSE OF
POWER ON THE PART OF ONE WEIRK SITE WORKER AND A LAZY., AND OR OVER
24 `�I�ORKED CLAIMS. WORKER!! I WILL ALSO BRING ALL PAPERS T�TMHIC:H WILL
25 ! SHOW r'Ai'vLi PROVE I°1t SIDE! I WOULD AL'SU LIFE TO ��PEAL THE
t EVIDENTIARY HEAPING DECISION OF APRIL ;, 1993
26.
27
28
i
i
DWIGHT T. REE
E:. 2 7.1 C1'2,
`NaTICE OF PROPOSED ACTION COUNTY OF
2391
i GENERAL ASSISTANCE PROGR4:D C 9 NT R,,A COST A
DEL.1193
NOT!CE DATE 05—i :3-0, 3 "1 t
CASE NAME ? T
i
WORKER NAME s; �:"s;j 7:`I L r'
NUMBER i44.,1
TELEPHONE "--
ADDRESS
Questions?Ask your Worker.
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GA 239H(5/87)
CLERK OF THE BOARD H•
Inter - Office Memo
TO: Social Services Department DATE: June 4 , 1993
Appeals and Complaints Division
FROM: Jeanne Maglio, Chief Clerk
Ann Cervelli , Deputy Clerk
SUBJECT: Hearing on Appeal from Administrative Decision Rendered
on General Assistance Benefits Filed by Dwight T. Reed III
Please furnish us with a board order with your recommendations and
a copy of all material filed by both the appellant and the Social
Service Department at the time of the Appeals and Complaints
Division evidentiary hearing, plus any information which your
department may wish to file for the Board appeal which is set for
2 : 00p.m.on Tuesday, July 13 , 1993 .
Attachment
cc:
Board Members
County Administrator
County Counsel
GA Program Analyst-SS Dept .
40Douglas Drive
The Board of Supervisors Contra Ce'rk'oBatchelor
the B aid
and
County Administration Building �OCtCounty Administrator
Costa 651 Pine St., Room 106 J (510)646-2371
Martinez, California 94553 County
` Tom Powers.1st District
Jetl Smith,2nd District t e t
Gayle Bishop.3rd District
Sunne Wright McPeak 4th District
Tom Tortakson,5th District �.'.
June 4 , 1993
Dwight T. Reed III
2224 Ohio Street
Richmond, CA 94804
Appeal to Board of Supervisors
General Assistance Benefits
In response to your request and pursuant to Section 14-4. 006
of the County Ordinance Code, this is to advise that a hearing on
your appeal from the administrative decision rendered in your case
on General Assistance benefits will be held before the Board of
Supervisors in the Board Chambers, Room 107 , County Administration
Building, 651 Pine Street, Martinez, California, at 2 : 00 p.m. on
Tuesday, July 13 , 1993 .
In accordance with Board of Supervisors Resolution No. 75/26,
your written presentation and all relevant material pertaining to
the appeal must be filed with the Clerk of the Board (Room 106,
County Administration Building, 651 Pine Street, Martinez) at least
one week before the date of the hearing. Your attention also is
directed to the other provisions of said Resolution (copy enclosed)
which set forth the General Assistance Appeal procedure.
Very truly yours,
PHIL BATCHELOR, Clerk of. the Board
of Su rv' ors nd County Administrator
By ��'
Ann -Vere i , eputy Mirk
Enclosure
cc: Board Members
Social Service Department
Attn: Appeals & Complaints
County Counsel
County Administrator
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Re: General Assistance )
y Appeals Procedure ) RESOLUTION NO. 75/28
(Jan. 14 , 1975)
The Contra Costa County Board of Supervisors RESOLVES THAT:
Appeals from decisions of the Social Service Department 's
Complaints and Appeals Division regarding General Assistance
are made to the Board of Supervisors pursuant to Board of
Supervisors Resolution 711/365; and this Hoard therefore estab--
lishes these uniform procedures for. such appeals , effective
today.
1. A written appeal must be filed with the Clerk of. the
Board of Supervisors within 30 days after the decision by the
Hearing Officer of the Social Service Department 's Complaints
and Appeals Division.
2. Both the Appellant (the General Assistance applicant
or recipient) and the Respondent (the Social Service Department )
must file all written materials at least one week before the date
set for hoard hearing of the appeal.
3. Upon hearing of the appeal , the Board shall make any
required fact determinations based .on the record on appeal . This
record shall include the Department 's Hearing Officer's fact
findings, plus any papers filed with that .Officer. The hoard will
not allow the parties to present new facts at time of appeal ,
either orally or in writing, and any such presentation will be
disregarded.
If the .facts upop which .phe. appeal is based are not in
dispute, or If any. disputed• rlipt;s!;are' not relevant to the issue .;..
ultimately to be decided by .the Board', the Board will proceed
immediately to the next •step•,,Xythout ;co.nsidering fact questions .
The parties may stipulate ,to• ari Bgreed set of facts .
4 . Once the facts are determined, or if there are no fact
determinations requiredt+y tti4'ti4Dbal, the Board will consider
legal issues 'presented• by•'the- -appeal. Legal issues are to be
framed, insofar as possible, before the hearing and shall be
based on the Department 's Hearing Officer's decision and such other .
papers as may be filed.
Appealing parties may make 'legal arguments both by written.
brief and orally before the .Board. = If the issues are susceptible
of immediate resolution, the Board may, if it desires , immediately
decide them at the appeal hearing;. If the County Counsel's ad-
vice is needed on legal questions', the Board will take the matter
under submission, reserving its final judrment until it receives
such advice.
-1-
RESOLUTION NO. 75/24
5. If the Board's tentative decision is adverse to the
appellant , the Board may modify or reverse its tentative con-
clusion for policy reasons, insofar as such modification is not
inconsistent with law. Such action may be taken when -the Board,
in its discretion, determines it -to be necessary to moderate or
eliminate unduly harsh effects that might result from strict
application of law or regulation. The Board may also determine
that its policy for similar future cases is to be modified in
accordance with its decision. Unless so stated, a decision
shall have no precendential effect on future cases .
6 . Having made factual determinations , having received
advice on the legal issues, and having applied policy consIdera-
tions , the Board will in due course render its decision. The
decision will be in writing, stating findings of fact if any have
been made, and summarizing the reasoning of the decision. The .-
Board may direct the County •Counsel ;to draft a proposed decision
for its consideration. 4.
7 . The Board may contra ct• with :a hearing officer, who shall
be a member of the California Bar, to act on its behalf in con-
ducting General Assistance appeals . The Board 's Hearing Officer
shall follow steps , 1 through 4 above., and shall recommend a
proposed decision, stating findings off' fact and summarizing the
reasoning of the proposed decl�ion. The Board then will in its
discretion, adopt the proposed decision, adopt a modified de-
cision in accordance with step 5 above, or reject the proposed
decision and render an independent decision based on its own
interpretation of the record on appeal and applicable law.
I PASSED on January 111 , 1975, unanimously by the Supervisors present .
i
CnTIlIED COPY
I certify that this is a fun, true ! correct eoV7 of
the original document which is on file in my offlae.
and that it was passed A adopted by the Board of
SuPernlsors of Contra Costa County, California. on
the date shown. ATTEST: J. R. OLSSON, County
Clerk A esofflclo Clerk of said Board of Supervisors,
by DePut Clerk.
on _ieu 1 41975
cc : Uirector, Human Resources Agency
Social Service
County Counsel
County Auditor-Controller
County Administrator
�INWT-kiOF PROPOSED ACTION COUNTY OF -GA 239
GENERAL ASSISTANCE PROGRAM,-,/ CONTRA COSTA 0 ,
DEL1/93
NOTICE DATE Oci—I 3-93
CASE NAME R C L
NUMBER
)4-O 473'2t-C )—C
WORKER NAME
NUMBER i44
TELEPHONE
ADDRESS
Questions? Ask your Worker.
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GA 239H(5/87)
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ED
4
5
MA 1993
6
RICHMOND OFFICE
7 SOCIAL SERVICE DEPARTMENT
8 )
COUNTY OF CONTRA COSI:4gint(ff(S) ) Docket No# 0792-0473726—w4
9 SOCIAL SERVICE DEPTARTMENT ) W4JB
i
10 } ALSO APPEAL OF THE
NOTICE DATED 5/13/93
12Defendan# }
DWIGHT T. REED, III
IN PRO—PER
13
14
15 1_ THE :Fr i,_E OF THE ECjAr i_- +--'F SEOR.. OF a'ar'F'Ei�aLJ
16
i7 I
I �OT.1L£' LIKE TO RE=,�..UE�'T API AP'P'EAL HEARING IN REGAPno, Ti','! THE
i F4=}LLQ i�TIPI�.T rA cES �r,^�2-04 ar 3?';_4��,_0 W,ORKER Pia llE r. BO TELLS
18 fT '�kI:EI«: WOR
E.P.D. *(')7c)2'
i
19
f I i_at3Lli ALSO L1KR Ti:i REQ)UE`:;T THE I'h;�,':;raW'1 :� UF I-Al (.LA11trI':N aK0krEk
20 AND HER ZUPER-v i���R, M1 acv ORi� FAIR WORKER, ALL OF THE WORK RK S ITE
fir, THERE .•+ • .nr.♦r.T'./+ a T • T
4Y 1t.iiCtti� 111a''.1 1 i1L'a 'r G YY!.'P.i'aGi' Pti'i'i, A il.) 1 C r.AL .'.1Y L.r.lE'1`..i Cal ave 1
HErar ING.
22 i I FEEL TH d T 'I'L1 T^ r L G T h:1j OV W I T LFUL T T 1:A I Lr R F TO Tarr S7U'O T'E e�'F IS 'LTD, ?,Ti w
i a aaa UT' asa a aa+ a .+ aas a. a a. as as , a� .-_ .
23 IT FAIR AND WITH OI TT GOOD CAUSE' D O TO THE IN FART T4� AN ABUSE OF
P jWg,. CIN THE PART i iF ONE WORKSITE WORKER AND A LAZY, ANIi OR )VER
24 T,'uk ,EDi i:LtII+���1WORKER t WI LL AL.� } bRll�it� ALL F�tPERS VtHIi:H WILL
25 SHO vi AND PR0-vE 141 i�E �u u r`
SIi I IjLD ALLI%E TPEAL THE
r
E'V IDENTIARY HEARING DEGISiC�N OF APRIL
26.
27
28
DW ilitlT f. REE
Nq �
FROM: Perfecto Villarreal, Director
Social Service Department
DATE: July 13, 1993
SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING
DECISION BY ADREAL TICER
SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND
JUSTIFICATION
RECOMMENDATION:
That the Board deny Adreal Ticer's appeal of the General Assistance Hearing
decision.
BACKGROUND:
Claimant filed request for Hearing on March 24, 1993. The hearing was
scheduled for May 3, 1993. Claimant did not appear for the hearing, and the
claim was dismissed.
Signature:
ACTION OF BOARD ON July 13 , 1993
APPROVED AS RECOMMENDED x OTHER
This is the time heretofore noticed by the Clerk of the<.:Board of
Supervisors for hearing on the appeal of General Assistance Evidentiary
Hearing decision by Adreal Ticer.
C.A. Chapman, social Services Department, General Assistance Appeals,
presented the staff recommendations .
The appellant did not appear.
IT IS BY THE BOARD ORDERED that the above recommendation-wis APPROVED;
and the appeal by Adreal Ticer of the General Assistance Hearing
decision is DENIED.
VOTE OF SUPERVISORS:
x UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AD
ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
CC: Social Service Dept. ATTESTED July 13 , 1993
Appeals Unit
Program Analyst PHIL BATCHELOR, CLERK OF THE BOARD OF
County Administrator SUPERVISORS D COU TY ADMINISTRATOR
County Counsel
Adreal Ticer BY , DEPUTY
Social Service Department Contra 40 Do las Drive
Perfecto Villarreal Costa a0 Douglas Drive
Martinez,California 94553-4068
Director
County
E���%?SL
�?��
V 5_ .
r'9 COVN�
EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL
IN THE MATTER OF: County #495644-W4NG
Date of Notice: 3/18/93
Adreal Ticer Date of Action: 3/31/93
109 Ash Court Filing Date: 03/24/93
_Hercules, CA 94547 Hearing Date: 5/03/93
Aid Paid Pending? YES
STATEMENT OF FACTS
An Evidentiary Hearing was scheduled for May 3, 1993. Claimant was duly
notified of the date, time and place of Hearing via letter April 23,
1993. Claimant failed to appear for the Evidentiary Hearing; no
postponement was requested.
REASONS FOR THE DECISION
Department Manual Section 22-300, V, A, 3 states that if claimant fails
to appear for an Evidentiary Hearing without previously arranging for a
postponement, the claim may be dismissed. The originally proposed
action shall take place immediately upon dismissal.
ORDER
The claim is dismissed as claimant failed to appear for the Evidentiary
Hearing. The benefits shall be discontinued as proposed in the
Notice.
If you ' are dissatisfied with the order of this Decision, you may, in
writing, within 30 days of the date of this Decision, appeal the matter
directly to the Contra Costa County Board of Supervisors. Appeals to
the Board of Supervisors must be filed in writing with the Clerk of the
Board, 651 Pine Street, Martinez, 94553. You must submit you appeal
within 30 days of the date of this decision. AID PAID PENDING A DECISION
BY THE BOARD OF SUPERVISORS IS NOT AVAILABLE.
Date: May 4 , 1993
Ken Adams
Social Service Appeals Officer
KA:sls
Social Service Department Contra Please reply to:'
40 Douglas Drive
Perfecto Villarreal Costa
Martinez.California 94553-4068
Director
County
� St
4/23/93 .;�•' •..I
C�. _ ,•7f
Tcoii� /
ADREAL TICER
109 ASH COURT
HERCULES, CA 94547
Re: 495644 EW: W4NG
Filing Date: 3/24/93
Dear ADREAL TICER
We have received your request for an Evidentiary Hearing about your
General Assistance benefits. Your hearing is scheduled for:
Location: 1305 Macdonald Ave.
Richmond, CA 94801
Date: 5/03/93
Time: 9: 00 AM
Because 7 or more hearings are scheduled for the same hearing time, it
may be necessary for you to wait for some time before your case is
called. Cases will be heard on a first-come, first served basis. The
Hearing Officer will appreciate your patience.
If you are unable to attend the hearing, please call 313-1790
If you do not attend, the Hearing Officer may dismiss your request
for Hearing. You have a right to an interpreter if you need one.
If you have also filed a request for a State Fair Hearing, you will
receive a letter from the State Department of Social Services about the
time and place -for that hearing. The State Fair Hearing is separate and
apart from the County Evidentiary hearing.
Social Service Appeals Officer
KA: sls
s -ate- �3
NOTICE DF PROPOSED ACTION -
GENERAL ASSISTANCE PROGRAM/, CR RRO TA fGA 239 H
NOTICE DATE 03-1893 DEL IW4NG
CASE NAME TICER AOREAL R
NUMBER 09-0495644-00-0
WORKER NAME V INGRAM
NUMBER W4NG
TELEPHONE 374-3950
ADDRESS 3431llMACDONALD AVENUERICHOND CA 94805
Ouestions?Ask your Worker.
S1 neenM ite une treeucel6n Ae date, lime e ou trabojedor(e)
ADREAL TICER
(ADDRESSEE) :1n 6n:/!t llfn lge oil ThJ6•iri6n eu. ■Inn nIu efn Ofn a4en
r �
109 ASH COURT
HERCULES* CA 94547
L J
YOUR GENERAL ASSISTANCE MILL BE DISCONTINUED EFFECTIVE MAR 31. 1993 —
BECAUSE YOU HAVE DEMONSTRATED WILLFUL NONCOOPERATION OR NONCOMPLIANCE
WITH WORK PROGRAM REQUIREMENTS BY FAILURE TO MEET YOUR RESPONSIBILITIES
WITHOUT GOOD CAUSE IN THESE SPECIFIC INSTANCES:
DATE OF FAILURES) NATURE OF FAILURES)
3 - ' O ( XDcw- k
BECAUSE OF THESE FAILURES YOU WILL BE INELIGIBLE TO GENERAL ASSISTANCE
FOR A PERIOD OF ONE MONTH.
IF YOU WISH TO REAPPLY FOR GENERAL ASSISTANCE YOU MAY AGAIN BE
ELIGIBLE TO AID ON OR AFTER 5Z -1 -52— DEPENDING UPON YOUR
CIRCUMSTANCES AT THAT TIME.
ANY FURTHER FAILURE TO MEET THE ELIGIBILITY REQUIREMENTS OF GENERAL
ASSISTANCE MAY RESULT IN ANOTHER PERIOD OF INELIGIBILITY.
IF YOU HAVE ANY QUESTIONS OR YOU BELIEVE THIS ACTION IS INCORRECT• OR
YOU WISH TO GIVE YOUR REAiONS WHY YOU THINK ANY FAILURE TO COOPERATE OR
TO COMPLY WITH GA REQUIREMENTS SHOULD BE EXCUSEO9 YCU ARE ENTITLED TO
TALK ABOUT THESE THINGS WITH YOUR WORKER OR THE SUPERVISOR.
THIS ACTION IS REQUIRED BY THE FOLLOWING LAWS AND/OR REGULATIONS
OEPARTPENT MANUAL SECTIONS: 49-102 APPLICATION AND RECEPTION
49-111 DISCONTINUEv GOOD CAUSE
WILLFULNESS AND PERIOD OF
INELIGIBILITY
49-210 EMPLOYABLE PROGRAM
BOARD RESOLUTION 92/553 51-500 EMPLOYMENT SERVICES
CA239 DISC- FAILED TO MEET EMPLOYMENT REQUIREMENTS POI 081-1
A 239H(5/87)
031793 H
GA 239 H
$ 1. You have the right to a conference with representatives of-the Social Service Department to talk about this intended
action. At such a conference, you may speak for you4elf br'be represented by a lawyer, a friend or other spokesman.
If you want a conference, contact your workeri4oiin ten days of f je date of this natice3
2. If this notice,proposes a denial or discontinuance or a period of ineligibility fpr failure to meet program
rrequiremenits, you are entitled to a hearing al which the Department must prove your failure to comply, and you will
be entitled to show that the failure is excused for good cause or because it was not willful.
3. Whether you request a conference or not, you also have the right to request a Hearing and a decision. Your request
o f K musttim in.writiog. Yourl n quest for,al hearing most be mailed or delivered to So*ial Ser-ice Department within 14
dh -df thei dale of this tiotlee.
d+ of this notice, and if this notice proposes a reduction or
If you ask for a Hearing within 14 days of the date
termigation of a GA grant that you are now receivin your aid will be continued until a decision has been reached.
Your county worker will help you ask for a Hearing.
If jht d1cis4k iA tha&you were-not entitled-t"he-ai&which you were paid, the'overpayment may be recovered from
-you by r_educ}ag your G" Ansi ancegtantspec the decision, or through other legal-means. ._.
7. At a Hearing you have the right to be represented by an attorney or any other person (a friend, relative, or any other
spokesman) of your choice. If you need an interpreter we will provide one for you. You may obtain free legal advice
and services by contacting the nearest legal services office at:
CONTRA COSTA LEGAL SERVICE SERVICES FOUNDATION
1
"t: , From East CCC call 439-9166
I ':. Frbm West,CCC call 233=9954'._ 1
From Central CCC call 372-8209
8. You have the right to request that the Eligibility Worker, Work Programs staff, or any staff member who has actual
knowledge regarding the issue under appeal be present at the Hearing as a witness.
9. Regulations governing Hearings are available at this.office of the county welfare department.
�,,� f,, , �j t;l . _ A 3 a i
"
Li' ,+ MSHITU BEQUEST A,HEARNI ,WRLTZ TO: .'+ t v
A .. . _ 1 0 ;F : a ♦' Office oi,Appee*lsLaaatdinatot
40 Douglas Drive
Martinez,CA 945534068
Please include one copy of this notice with your hearing request and keep the other copy for your records.
If youi.>*ris¢tp have yourporW oi�other staff person present at the Hearing, please indicate that on your Hearing request.
I .r . ' .. Al
REMI?tlM890THAT YOUR REQUEST FOR HEARING MUST BE ;MAILED OR DELIVERED TO THE SOCIAL
SERVICES DEPARTMENT WITHIN 14 DAYS OF THE DATE OF THIS NOTICE.
a
0
v
J
m
m
. m
m '
N j ♦•.
• V _
CLERK OF THE BOARD
Inter - Office Memo
TO: Social Services Department DATE: June 10, 1993
Appeals and Complaints Division
FROM: Jeanne Maglio, Chief Clerk
Ann Cervelli, Deputy Clerk
SUBJECT: Hearing on Appeal from Administrative Decision Rendered
on General Assistance Benefits Filed by Andreal Ticer
Please furnish us with a board order with your recommendations and
a copy of all material filed by both the appellant and the Social
Service Department at the time of the Appeals and Complaints
Division evidentiary hearing, plus any information which your
department may wish to file for the Board appeal which is set for
2 : 00 p.m. on Tuesday.. July 13 , 1993 .
Attachment
cc:
Board Members
County Administrator
County Counsel
GA Program Analyst-SS Dept .
40Douglas Drive
The Board of Supervisgs Contra • Ce'rkoftthehBooard
and
County Administration BuildingCota County Administrator
Costa 651 Pine St., Room 106 J (510)646-2371
Martinez, California 94553 County
Tom Powers,1st District
Jeff Smith,2nd District
Gayle Bishop.3rd District '
- `%:.\
Sunne Wright McPeak 4th District f
Tom Torlakson,5th District .
June 10 , 1993
Andreal Ticer
109 Ash Court
Hercules, CA 94547
Appeal to Board of Supervisors
General Assistance Benefits
In response to your request and pursuant to Section 14-4. 006
of the County Ordinance Code, this is to advise that a hearing on
your appeal from the administrative decision rendered in your case
on General Assistance benefits will be held before the Board of
Supervisors in the Board Chambers, Room 107 , County Administration
Building, 651 Pine Street, Martinez, California, at 2: 00 p.m. on
Tuesday, July 13 , 1993 .
In accordance with Board of Supervisors Resolution No. 75/26,
your written presentation and all relevant material pertaining to
the appeal must be filed with the Clerk of the Board (Room 106,
County Administration Building, 651 Pine Street, Martinez) at least
one week before the date of the hearing. Your attention also is
directed to the other provisions of said Resolution (copy enclosed)
which set forth the General Assistance Appeal procedure.
Very truly yours,
PHIL BATCHELOR, Clerk of. the Board
of S74er
erv' sors n County Administrator
(
B
YA.
Anve i , Deputy C erk
Enclosure
cc: Board Members
Social Service Department
Attn: Appeals & Complaints
County Counsel
County Administrator
HOARD OF OERVISORS OF CONTRA COSTA COJ, CALIFORNIA
' Re: General Assistance )
Appeals Procedure ) RESOLUTION NO. 75/28
(Jan. 14 , 1975)
The Contra Costa County Board of Supervisors RESOLVES THAT:
Appeals from decisions of the Social Service Department 's
Complaints and Appeals Division regarding, General Assistance
are made to the Board of Supervisors pursuant to board of
Supervisors Resolution 74/365 ; and this Board therefore estab-•
lishes these uniform procedures for- such appeals, effective
today.
1 . A written appeal must be filed with the Clerk of. the
Board of Supervisors within 30 days after the decision by the
Hearing Officer of the Social Service Department 's Complaints
and Appeals Division.
2. both the Appellant (the General Assistance applicant
or recipient) and the Respondent (the Social Service Department )
must file all written materials at least one week before the date
set for hoard hearing of the appeal.
3. Upon hearing of the appeal , the Board shall make any
required fact determinations based .on the record on appeal . This
record shall include the Department 's Hearing Officer's fact
findings, plus any papers filed with that .Officer. The Board will
not allow the parties to present new facts at time of appeal ,
either orally or in writing, and any such presentation will be
disregarded.
If the .facts upop which .;he. appeal is based are not in
dispute, or if any. dispute.d..r,apts!;are' not relevant to the issue
ultimately to be decided by the Board', the Board will proceed
immediately to the next spep,jy thout considering fact questions .
The parties may stipulate ,to••'an agreed set of facts.
4 . Once the facts are determined, or if there are no fact
determinations required.Uti ' tt%'tia1sptal , the board will consider
legal issues -presented• by-'thw -epFpal. Legal issues are to be
framed, insofar as possible, before the hearing and shall be
based on the Department 's Hearing Officer's decision and such other .
papers as may be filed.
Appealing parties may make'legal arguments both by written
brief and orally before the..Boardd ! If the issues are susceptible
of immediate resolution, the Boerd may, if it desires , immediately
decide them at the appeal hearing;. If the County Counsel's ad-
vice is needed on legal questions', the Board will take the matter
under submission, reserving its final ,judgment until it receives
such advice.
-1-
RESOLUTION NO. 75/24 .
5. If the Board's tentative decision is adverse to the
appellant, the Board may modify or reverse its tentative con-
clusion for policy reasons, insofar as such modification is not
Inconsistent with law. Such action may be taken when .the Board,
in its discretion, determines it -to be necessary to moderate or
eliminate unduly harsh effects that might result from strict
application of law or regulation. The Board may also determine
that its policy for similar future cases is to be modified in
accordance with its decision. Unless so stated, a decision
shall have no precendential effect on future cases .
6 . Having made factual determinations , having received
advice on the legal issues, and having applied policy consI dera-
tions , the Board will in due course render its decision. The
decision will be in writing, stating findings of fact if any have
been made, and summarizing the reasoning of the decision. The .• .
Board may direct the County •pounsel ;to draft a proposed decision
for its consideration. � <
7 . The Board may contra ct• w.lth :a hearing officer, who shall
be a member of the California Bar, to .act on its behalf in con-
ducting General Assistance appeals . The Board 's Hearing Officer
shall follow steps .. 1 through ,4 ,above,, and shall recommend a
proposed decision, stating findings o� fact and summarizing the
reasoning of the proposed decibion . The Board then will in its
discretion, adopt the proposed decision, adopt a modified de-
cision in accordance with step 5 above, or reject the proposed
decision and render an independent decision based on its own
interpretation of the record on appeal and applicable law .
i PASSED on January 111 , 1975, unanimously by the Supervisors present .
1
i
URTMED COPY
I certify that this is a full, true ! correct cony of
the original document which Is on file in my offiee,
and that it was passed A adopted by the Board of
Supervisors of Contra Costa County, California. on
the date shown. ATTEST: J. R. OLSSON, County
Clerk!ex-officio Clerk of sold Board of Supervisors.
by Deput Clerk.
it 19 me on i e m 1 .y 1975
cc: Director, Human Resources Agency
Social Service
County Counsel
County Auditor-Controller
County Administrator
RECEIVED
im - 41993
/l �B0�►Rt�(T'RA O AER�VISORS
w�SA TO �PZ-51 ���5 `G, s� o�
am �� P
Social Service De artntnt Contra Please reply to:
40 Douglas Drive
Perfecto Villarreal Costa
Martinez.California 94553-4068
Director
County
r� c`6U
EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL
IN THE MATTER OF: County #495644-W4NG
Date of Notice: 3/18/93
Adreal Ticer Date of Action: 3/31/93
109 Ash Court Filing Date: 03/24/93
Hercules, CA 94547 Hearing Date: 5/03/93
Aid Paid Pending? YES
STATEMENT OF FACTS
An Evidentiary Hearing was scheduled for May 3, 1993. Claimant was duly
notified of the date, time and place of Hearing via letter April 23,
1993 . Claimant failed to appear for the Evidentiary Hearing; no
postponement was requested.
REASONS FOR THE DECISION
Department Manual Section 22-300, V, A, 3 states that if claimant fails
to appear for an Evidentiary Hearing without previously arranging for a
postponement, the claim may be dismissed. The originally proposed
action shall take place immediately upon dismissal.
ORDER
The claim is dismissed as claimant failed to appear for the Evidentiary
Hearing. The benefits shall be discontinued as proposed in the
Notice.
If you are dissatisfied with the order of this Decision, you may, in
writing, within 30 days of the date of this Decision, appeal the matter
directly to the Contra Costa County Board of Supervisors. Appeals to
the Board of Supervisors must be filed in writing with the Clerk of the
Board, 651 Pine Street, Martinez, 94553. You must submit you appeal
within 30 days of the date of this decision. AID PAID PENDING A DECISION
BY THE BOARD OF SUPERVISORS I8 NOT AVAILABLE.
Date: May 4, 1993
Ken Adams
Social Service Appeals Officer
KA:sls
�r
REQ E�
41993
Q Of SUPERVISORS
NfFtA COSTA CO.
S/ dYt
am tau
1 �
Social Service Department Contra Please reply to:
40 Douglas Drive
Perfecto Villarreal Costa
Martinez,California 94553-4068
Director
` County
SE..L
0. S
•rrA coot+`�
EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL
IN THE MATTER OF: County #495644-W4NG
Date of Notice: 3/18/93
Adreal Ticer Date of Action: 3/31/93
109 Ash Court Filing Date: 03/24/93
Hercules, CA 94547 Hearing Date: 5/03/93
Aid Paid Pending? YES
STATEMENT OF FACTS
An Evidentiary Hearing was scheduled for May 3, 1993. Claimant was duly
notified of the date, time and place of Hearing via letter April 23,
1993 . Claimant failed to appear for the Evidentiary Hearing; no
postponement was requested.
REASONS FOR THE DECISION
Department Manual Section 22-300, V, A, 3 states that if claimant fails
to appear for an Evidentiary Hearing without previously arranging for a
postponement, the claim may be dismissed. The originally proposed
action shall take place immediately upon dismissal.
ORDER
The claim is dismissed as claimant failed to appear for the Evidentiary
Hearing. The. benefits shall be discontinued as proposed in the
Notice.
If you are dissatisfied with the order of this Decision, you may, in
writing, within 30 days of the date of this Decision, appeal the matter
directly to the Contra Costa County Board of Supervisors. Appeals to
the Board of Supervisors must be filed in writing with the Clerk of the
Board, 651 Pine Street, Martinez, 94553 . You must submit you appeal
within 30 days of the date of this decision. AID PAID PENDING A DECISION
BY THE BOARD OF SUPERVISORS IS NOT AVAILABLE.
Date: May 4, 1993
Ken Adams
Social Service Appeals Officer
KA:sls
FROM: Perfecto Villarreal, Director
Social Service Department
DATE: July 13, 1993
SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING
DECISION BY BATTINA JACKSON
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND
JUSTIFICATION
RECOMMENDATION:
That the Board deny Battina Jackson's appeal of the General Assistance
Hearing decision.
BACKGROUND:
Claimant filed request for Hearing on March 26, 1993. The hearing was
scheduled for May 12, 1993. Claimant did not appear for the hearing and the
claim was dismissed.
Signature:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
ACTION OF BOARD ON July 13 , 1993
APPROVED AS RECOMMENDED . x OTHER
This is the time heretofore noticed by the Clerk of the Board of Supervisors
for hearing on the appeal of the General Assistance Evidentiary Hearing
decision by Battina Jackson.
C.A. Chapman, Social Service Department, General Assitance Appeals ,
presented'.:-the staff recommendation.
The appellant did not appear.
IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED;
and the appeal by Battina Jackson of the General Assistance Evidentiary
Hearing decision is DENIED.
VOTE OF SUPERVISORS:
x UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AD
ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
cc : Social Service Department ATTESTED July 13 , 1993
Appeals Unit
Program Analyst PHIL BATCHELOR, CLERK OF THE BOARD OF
County Administrator SUPERVI OR rOUNTY ADMINISTRATOR
County Counsel
Bettina Jackson BY , DEPUTY
Please reply to: •
Social Service Department Contra
40 Douglas Drive
Perfecto Villarreal Costa
Martinez,California 94553-4063
S
t Director J
County
3T1couN'�
EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL
IN THE MATTER OF: County #488030-A4AE
Date of Notice: 3/18/93
Battina Jackson Date of Action: 3/31/93
1002 Power Ave. , Apt. 205 Filing Date: 03/26/93
Martinez, Ca 94553 Hearing Date: 5/12/93
Aid Paid Pending? YES
STATEMENT OF FACTS
An Evidentiary Hearing was scheduled for May 12, 1993. Claimant was
duly notified of the date, time and place of Hearing via letter
April 29, 1993 . Claimant failed to appear for the Evidentiary
Hearing; no postponement was requested.
REASONS FOR THE DECISION
Department Manual Section 22-300, V, A, 3 states that if claimant
fails to appear for an Evidentiary Hearing without previously
arranging for a postponement, the claim may be dismissed. The
originally proposed action shall take place immediately upon
dismissal.
ORDER
The claim is dismissed as claimant failed to appear for the
Evidentiary Hearing. The benefits shall be discontinued as
proposed in the Notice.
If you are dissatisfied with the order of this Decision you may
appeal the matter directly to the Contra Costa County Board of
Supervisors.
Appeals must be filed in writing with the Clerk of the Board, 651
Pine Street, Martinez, 94553. Appeals must be filed within thirty
(30) days of the date of the Evidentiary Decision.
No further aid paid pending a Board of Supervisors appeal.
May 19, 1993
Carole Allen
Social Service Appeals Officer
CA:sls
Social Service Department Contra Please reply to: -
PerfeClO'Viitarreal ��� � 40 Douglas Drive
Director Martinez,California 94553-4068
County
4/29/93
�.,��TYi
i
BATTINA JACKSON
1002 Power Ave. , APT 205
Pittsburg, CA 94565
Re: 4$$030 EW: A4AF
Filing Date: 3/26/93
Dear BATTINA JACKSON
We have received your request for an Evidentiary Hearing about your
General Assistance benefits. Your hearing is scheduled for:
Location: 4545 DELTA FAIR BLVD.
ANTIOCH, CA 94509
Date: 5/12/93
Time: 1:00 PM
Because 7 or more hearings are scheduled for the same hearinq. .time, it
may be necessary for you to wait for some time before your case is
called. Cases will be heard on a first-come, first served basis. The
Hearing Officer will appreciate your patience.
If you are unable to attend the hearing, please call 313-1790
If you do not attend, the Hearing Officer may dismiss your request
for Hearing. You have a right to an interpreter if you need one.
If you have also filed a request for a State Fair Hearing, you will
receive a letter from the State Department of Social Services about the
time and place for that hearing. The State Fair Hearing is separate and
apart from the County Evidentiary hearing.
Social Service Appeals Unit
CA:sls
ca.
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NOTICE F PROPOSED ACTION
GENERAL ASSISTANCE PROGRAM CON R A ODEA _ GA 2'.39 H
DEL M
NOTICE DATE 03-18-93 A4AP
R
' CASE NAME JACKSON SATTINA
NUMBER 92-0488030-00-0
` WORKER NAS 'RTL t E Y
ME
NUMBER A 4 A E -
TEI.EPHONE 313;1954
DR
ADESS 3C U I R ROAD
MARTINEZ CA 94553
DM
l�.+rt - Owgions?Ask your worker. .
(Aarvl'7Er7.7GL�. 'r .•• ' ;. 61M .i1NW
..poess(ts we crreel6n a• 6sto. M •s %rsJer(s)
-:•`' , t ,' ;{ t. r;ilw On6ibs 1160 tilt 4;j*0160.ww e6e ales a6n eta Cjn 64e6
r BA17INA JACKS7N -�
1002 POWER . AVE
APT 205
PITTSBURG CA • 94565
L J
t .i4S sA f-lilt-�-g�-C-T_sc6 VTT*t1E0 --fffff T` N& MA4k- 3I-v -}-993 -- -
O AL .YOU HAVE flEMONSTPATE6 -FIILL-FUL NONC00PFRATION OR NCNCOMPLIANCE
WITH TI-E REQUIREMFMTS OF THE GENERAL ASSISTANCE ALCOHOL DRUG OI. ERSION
SFRVIC.E 8Y FAILING TO MEET YOUR RESPONSIBILITIES WITHOUT .. G000FUSE IN
THESE SPECIFIC INSTANCES:
rUATE OF FAILURE(S) NATURE -OF FAIL URE (S)
d- f- y' 3 Ti-�.ry �-f--�i3 irAtl�F �r /J J'c cf NFc,d O+4A �`'
A/a Cm
PFCA'USE OF THESE FAILURES 'YOU BILL LE `TNFLiGIBLE TO GENERAL ASSISTANCE
FOR A PERIC9. OF ONE -MONTH. :,
I$: YCL WISH TO REAPPLY FOR GENERAL ASSISTANCE, YOU MAY AGAIN IF .
FLICIPLF TO AID !]N CP ,AFTER 5- �_q� flEPENCING UPON YOUR.
CIRCLNSTANCFS AT THAT TIFF.
ANY FURTHFR FAILURE TO O'FFT THE FLIGIBILTTY REQUIREMENTS CF THE GENERAL
ASSISTANCE .ALCOHOL ORUG DIVERSION SERVICE MAY RESULT th ANOT+IER PER IOC.:
^F INELIGIBILITY. t
r._�. •. .._..r tom- �-..rte:....-.�� ��.��-.��.� ....-^. �... . r » v� f .. r-+1-+�--��- �
TF YOU HAVE ANY QUFSTIONS, OR YOU BELIEVE THIS ACTION IS INCORRECT, OR
Yr.0 4ISI4 TC GIVE YOUR REASONS WHY YOU THINK ANY FAILURE 7G LOCP.ERATE CR.
TC CCMDL'Y WITH CA RFQUTRFMFNTS SHOULD 'PIEEXCUSEO9 YOU OR 'ENTITLEpp' TO .
TALK. ArOUT THESE THINGS` WITH YOUR. ELIGIBILITY WORKFR OR THE SUPERVISOR.
r:
THIS ACTION IS REOUIRFO BY THE FOLLOWING LAMS . 00/0R REGULATIONS
OEPARTMENT MANUAL SFCTIONS: 49-102gqPPLICATIONS AND RECEPTION
49-1H iIISCONTINUE, iSOOD CAUSES
4 1LLFULIYESS AND -RERTOp Of
INELI•G18ILI�Y
49-210 EMPLOYABLE PROGRAM—
51-500 EMPLOYMENT SERVICES
80ARC RESOLUTION 92/553
GA239 DISC- FAILED TO ET GAADDS RFOUIREMFNT011-2
A 239H(5/87)
031793 H
GA 239 H
1. You have the right to a conference with representatives of the Social Service Department to talk about this intended
action.At such a conference, you may speak for yourself or be represented by a lawyer;a friend or other spokesman.
If you want a conference, contact your worker within ten days of the'date of this notice. '
2. If this notice proposes a denial or discontinu6nc4 or a period of ineligibility for failure to meet program
requirements, you are entitled to a hearing at which the Department must prove your failure to comply, and you will
be entitled to show that the failure is excused for good cause or because it was not willful.
3. Whether you request a conference or.not,you also.have the right to request a Hearing and a decision. Your request
must be in writing.Your request for a must be malled or delivered to Social Service Department within 14
days of the date of this notion r ,
4. If you ask for a Hearing within 14 days of the date of this notice, and if this notice proposes a reduction or
termination of a GA grant that you ane now receiving,your aid will be continued until a decision has been reached.
S. Your county worker will help you ask for a Hearing.
6. If the decision is thatryou were not entitled to the aid'which you were paid, the overpayment may be recovered from
you by reducing your General Assistance grant after the decision, or through other legal means.
7. At a Hearing you have the right to be represented by an attorney or any other person (a friend, relative, or any other
spokesman) of your choice. If you need an interpreter we will provide one for you. You may obtain free legal advice
and services by contacting the nearest legal services office at:
CONTRA COSTA LEGAL SERVICE SERVICES FOUNDATION
From East CCC call 439-9166
From West CCC call 233-9954
From Central CCC call 372-8209
8. You have the right to request that the Eligibility Worker, Work Programs staff, or any staff member who has actual '
knowledge regarding the issue under appeal be present at the Hearing as a witness.
9:.. Regulations governing Hearings are available at this office of the county welfare department. .
IF YOU WISH TO REQUEST A HEARING,.-WRITE-To .
Office of Appeals Coordinator
40 Douglas Drive
Martine:,CA 945534068
Please include one.copy of this notice with your hearing request and keep the other copy for your records.
If you wish to have your worker or other staff person present at the Hearing, please indicate that on your Hearing request.
REMEMBER THAT YOUR REQUEST FOR HEARING MUST BE MAILED•09 DELIVERED TO THE SOCIAL
SERVICES DEPARTMENT WITHIN 14 DAYS OF THE DATE OF THIS NOTICE.
m
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-
CLERK OF THE BOARD •
Inter - Office Memo
TO: Social Services Department DATE: June 10 , 1993
Appeals and Complaints Division
FROM: Jeanne Maglio, Chief Clerk
Ann Cervelli, Deputy Clerk
SUBJECT: Hearing on Appeal from Administrative Decision Rendered
on General Assistance Benefits Filed by Battina Jackson
Please furnish us with a board order with your recommendations and
a copy of all material filed by both the appellant and the Social
Service Department at the time of the Appeals and Complaints
Division evidentiary hearing, plus any information which your
department may wish to file for the Board appeal which is set for
2 : 00 p.m.on Tuesday, July 13 , 1993 .
Attachment
CC:
Board Members
County Administrator
County Counsel
GA Program Analyst-SS Dept .
40Douglas Drive
The Board of Supervilfs Contra . CeAOoftthe Board
and
County'Administration BuildingCoCt/, County Administrator
Costa 651 Pine St., Room 106 (510)646_2371
1 Martinez, California 94553 County
Tom Powers, 1st District 1
Jeff Smith,2nd District
Gayle Bishop,3rd District
Sunne VMght McPeak 4th District ` �.•
Tom Torlakson,5th District
a� Z,
June 10 , 1993
Battina Jackson
1004 Power #222
Pittsburg, CA 94565
Appeal to Board of Supervisors
General Assistance Benefits
In response to your request and pursuant to Section 14-4. 006
of the County Ordinance Code, this is to advise that a hearing on
your appeal from the administrative decision rendered in your case
on General Assistance benefits will be held before the Board of
Supervisors in the Board Chambers, Room 107 , County Administration
Building, 651 Pine Street, Martinez, California, at2 : 00 p.m. on
Tuesday, July 13 , 1993 .
In accordance with Board of Supervisors Resolution No. 75/28,
your written presentation and all relevant material pertaining to
the appeal must be filed with the Clerk of the Board (Room 106,
County Administration Building, 651 Pine Street, Martinez) at least
one week before the date of the hearing. Your attention also is
directed to the other provisions of said Resolution (copy enclosed)
which set forth the General Assistance Appeal procedure.
Very truly yours,
PHIL BATCHELOR, Clerk of. the Board
of Su ervi rs a County Administrator
By AAJ o
An5XCervelli, Deputy Clerk
Enclosure
cc: Board Members
Social Service Department
Attn: Appeals & Complaints
County Counsel
County Administrator
BOARD OF ERVISORS OF CONTRA COSTA CO*Y, CALIFORNIA
Re: General Assistance )
Appeals Procedure ) RESOLUTION NO. 75/28
(Jan. 14 , 1375)
The Contra Costa County Board of Supervisors RESOLVES THAT:
Appeals from decisions of the Social Service Department 's
Complaints and Appeals Division regarding, General Assistance
are made to the Board of Supervisors pursuant to Board of
Supervisors Resolution 711/365i and this Board therefore estab-
lishes these uniform procedures for. such appeals , effective
today.
1 . A written appeal must be filed with the Clerk of the
Board of Supervisors within 30 days after the decision by the
Hearing Officer of the Social Service Department 's Complaints
and Appeals Division.
2. Doth the Appellant (the General Assistance applicant
or recipient) and the Respondent (the Social Service Department )
must file all written materials at least one week before the (fate
set for Board hearing of the appeal.
3. Upon hearing of the -appeal , the Board shall make any
required fact determinations based .on the record on appeal . This
record shall include the Department 's Hearing Officer's fact
findings, plus any papers filed with that .Officer. The board will
not allow the parties to present new facts at time of appeal ,
either orally or in writing, and any such presentation will be
disregarded.
If the .facts upop which .xhe1appeal is based are not in
dispute, or if any. dispute.d.�'.ap s.,are' not relevant to the issue
ultimately to be decided by the P.oa' rd', the Board will proceed
immediately to the next s�ep•,,WLthout co.nsiderinp fact questions.
The parties may stipulate ,to'"an agreed set of facts.
4 . Once the facts are determined, or if there are no fact
determinations required. 15 ' ttij arj)bal, the Board will consider
legal issues -presented- by 'the• -appeal. Legal issues are to be .
framed, insofar as possible, before the hearing and shall be
based on the Department 's Hearing Officer's decision and such other .
papers as may be filed.
Appealing parties may make 'legal arguments both by written
brief and orally before the..Boardd = If the issues are susceptible
of immediate resolution, the `.Board may, if it desires , immediately
decide them at the appeal hearing. If the County Counsel's ad-
vice is needed on legal questions', the Board will take the matter
under submission, reserving its final judgment until it receives
such advice.
-1-
RESOLUTION NO. 75/28
5. If the Board's tentative decision is adverse to the
appellant , the Board may modify or reverse its tentative con-
clusion for policy reasons, insofar as such modification is not
inconsistent with law. Such action may be taken when the Board,
in its discretion, determines it -to be necessary to moderate or
eliminate unduly harsh effects that might result from strict
application of law or regulation. The Board may also determine
that its policy for similar future cases is to be modified in
accordance with its decision. Unless so stated, a decision
shall have no precendential effect on future cases .
6 . Having made factual determinations , having received
advice on the legal issues, and having applied policy eons1 dera-
tions , the Board will in due course render its decision. The
decision will be in writing, stating findings of fact if any have
been made, and summarizing the reasoning; of the decision. The ., .
Board may direct the County •Counsel ;to draft a proposed decision
for its consideration.
7. The Board may contra ct' w.ith :a hearing officer, who shall .
be a member of the California Bar, to .act on its behalf in con-
ducting General Assistance appeals . The Board 's Hearing Officer
shall follow steps , I through �4 above,, and shall recommend a
proposed decision, stating findings off' fact and summarizing the
reasoning of the proposed deci§ion. The Board then will in its
discretion, adopt the proposed decision, adopt a modified de-
cision in accordance with step 5 above, or reject the proposed
decision and render an independent decision based on its own
interpretation of the record on appeal and applicable law.
PASSED on January 111 , 1975, unanimously by the Supervisors present.
i
enTIFIED COPY
I certify that this is a full, true a correct copy of
the original document which is on file in my otflee,
and that it was passed A adopted by the Board of
Supervisors of Contra Costa County, California. on
the data shown. ATTEST: J. R. OLSSON, County
Clerk!e=officio Clerk of said Board of Supervisors,
by Depot Ci k.
41975
cc: Director, Human Resources Agency
Social Service
County Counsel
County Auditor-Controller
County Administrator
cy
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SERVISORS`
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----- -- C-L-ERK-60ARD -
_ CONTRA COSTA CO.
Cor--a
CO,,.d Department of Health Services
CountyG.A.A.D.D.S.
2400 Sycamore Drive,#29
Antioch,California 94509
•, (510)427-8582
% Fax(510)427-8585
Day Date 'm -��
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J} 4
•Don`t drink or use •Go to 12-Step meeting
•Show up on time •Participate in your own recovery
FROM: Perfecto Villarreal, Director
Social Service Department
DATE: July 13, 1993
SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING
DECISION BY CELSO LUNA
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND
JUSTIFICATION
RECOMMENDATION:
That the Board grant Celso Luna's appeal of the General Assistance Hearing
decision.
BACKGROUND:
Claimant filed request for Hearing on April 19, 1993. The hearing was scheduled
for May 12, 1993. The claim was denied. The Social Service Department's
Administrative Review Panel has reviewed Mr. Luna's claim and recommends
that his appeal be granted.
Signature:
ACTION OF BOARD ON July 13 , 1993
APPROVED AS RECOMMENDED x OTHER
This is the time heretofore noticed by the Clerk of the Board of
Supervisors for hearing on the appeal of General Assistance Evidentiary
Hearing decision by Celso Luna.
C.A. Chapman, Social Services Department, General Assistance Appeals ;
appeared and presented the staff recommendation.
The appellant did not appear to testify.
IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED.
VOTE OF SUPERVISORS:
x UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AD
ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
cc: Social:.Services Dept.
Appeals Unit ATTESTED July 13:,. 1993
Program Analyst PHIL BATCHELOR, CLERK OF THE BOARD OF
County Counsel SUPERVISORS D COUNTY ADMINISTRATOR
County Administrator
Celso Luna
BY , DEPUTY
r
Social Service Department Contra Please reply to:
�\ ive
Perfecto Villarreal Costa MDouglas
Cpefo nia 94553-4068
Director
County
L
q.;
r4 c6vt:'�'
GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION
IN THE MATTER OF:
Celso Luna, claimant County No.: 0793-0202100-C4FD
4621 Oakforest Ave. Notice of Action: 04/15/93
Oakley, CA 94561 Effective Date: 04/30/93
Appeal Filing Date: 04/19/93
Aid Paid Pending: No. Discontinued
for other reasons.
Date of Hearing: May 12, 1993
Place of Hearing: Antioch, California
Appeals Officer: Carole C. Allen
Income Maintenance Representative: Robin Nanni
ISSUE
Whether the County is correct in it's discontinuance of claimant's General Assistance, and
the imposition of a one month period of ineligibility, based on claimant's willful failure,
without good cause, to attend a scheduled General Assistance Alcohol and Drug
Diversion Services appointment on March 26, 1993.
COUNTY POSITION
Claimant has been a recipient of General Assistance (G.A.) since February, 1993. On
2/22/93, claimant was referred to the G.A. Alcohol and Drug Diversion Services
(GAADDS). On 3/26/93, the Eligibility Worker was notified in writing by the GAADDS
office that claimant kept his treatment planning appointment on 3/26/93 but refused to
attend AA/NA meetings and refused to stop drinking.
1�
Evidentiary Hearing Decision
Celso Lana
0793-0202100
Page 2
Based on the above, the County notified claimant of the discontinuance of his G.A. and
the imposition of a one month period of ineligibility because of claimant's willful failure,
without good cause, to cooperate with requirements of the G.A. program.
CLAIMANTS POSITION
Claimant testified that he is 59 years old and is not a dope addict or an alcoholic. He
stated he was told at his second meeting with GAADDS that he had to attend AA
meetings. They told him he had to abstain from drinking. Claimant refuses to comply
with these requirements because he likes to have a glass of wine with meals and at his
age he is not going to change his ways. He stated he has nothing to gain from complying
with GAADDS requirements.
REGULATORY AUTHORITY
Department Manual Section 49-111AE,4, provides in relevant part that recipients are
responsible for cooperating with GAADDS.
Board of Supervisors Resolution #92/857 adopted December 15, 1992, provides:
(a) absent evidence to the contrary, it is presumed that the duties of Department staff
have been currently performed. Absent evidence to the contrary, it is presumed that the
ordinary consequences of an applicant's or recipients voluntary acts are intentional.
(b) A willful act is one that is intentional or without reasonable excuse or cause. It need
not be done with malice, nor with a specific purpose to violate program requirements.
Failure to comply by a person who is mentally disabled to the extent that s/he does not
understand his/her responsibilities or is incapable of fidfilling them is not willful.
Conduct which involves physical disability or lesser mental disability may or may not be
willful.
(c) Each case will turn on its own facts. A determination must be made based on
evidence. Evidence can be direct or it may be inferred from a recipients acts. The
burden of proof to establish good cause is on the recipient.The Department may prove
lack of good cause by demonstrating (A) willful failure or refusal of the recipient to
follow program requirements, or (B) not less than three separate acts of negligent failure
of the recipient to follow program requirements, which may include gets for which the
recipient has previously been discontinued from aid or sanctioned.
Evidentiary Hearing Decision
Celso Luna
0793-0202100
Page 3
Department Manual Section 49-111,II,E,1, provides that a recipient who fails to cooperate
with the Social Service Department by failing to meet any one of his or her enumerated
responsibilities without good cause, shall be discontinued aid, and sanctions will be
imposed as follows:
a. first failure: one month
b. second failure: three months.
c. third failure: six months.
Department Manual Section 49-111,U, provides for good cause reasons for failure to
cooperate with program requirements. The reasons which establish good cause for a
failure to cooperate or comply must be verified, and are limited to the following:
a. employment has been obtained,
b. scheduled job interview or testing,
c. mandatory court appearance,
d. incarceration,
e. illness,
f. death in the family,
g. other substantial and compelling reason These must be reviewed and approved
by the Division Manager.
CONCLUSION AND FINDING OF FACT
The agreement that GAADDS participants sign when accepted into the program requires
participants to maintain abstinence from alcohol. It requires full participation for a
minimum of six months in a program of education, counseling, etc., deemed needed by
GAADDS staff. Claimant knew these requirements and made a decision to not cooperate
with them.
Claimant has made it very clear that he will not cooperate with GAADDS requirements.
Since the receipt-of G.A. depends on the recipient's cooperation with GAADDS, claimant
is not eligible for G.A. as long as he refuses to cooperate. In the matter under appeal,
claimant willfully failed to cooperate with GAADDS requirements. Thus, the County's
proposed termination of his G.A. and the imposition of a one month sanction period is
correct.
5
Evidentiary Hearing Decision
Celso Luna
0793-0202100
Page 4
ORDER
Claim is denied.
Claimant's G.A. shall be discontinued and a one month sanction shall be applied.
�J
Social Service A s cer ate
Appeals Program Manager Date
If you are dissatisfied with this decision you may appeal the matter directly to the Contra
Costa County Board of Supervisors.
Appeals must be filed in writing with the Clerk of the Board, 651 Pine St., Martinez, CA
94553. Appeals must be filed within fourteen (14) days of the date of this Evidentiary
Hewing Decision.
No further aid paid pending a Board of Supervisors appeal.
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NOTICE OF PROS OSED ACTION ,:. COUNTY OF GA 239 H
GENERAL ASSIS rANCE PROGRAk CONTRA COSTA
DEL.1/93
NOTICE DATE 04-15-93 C4F0
R
CASE NAME LUNA GELS 0
NUMBER 93-0202100-00-0
WORKER NAME R NA NN I
NUMBER C4FD
TELEPHONE 706-4775
ADDRESS 4545 DELTA FAIR BLVD.
ANTIOCH CA 94509
Questions?Ask your Worker.
SI neeenit• un• trmducel6n de ddto, lieu* • w trepmiWor(a)
(ADDRESSEE) I1n engin: ,1[n 141e w01 Thfm elnh V16n e3. .?nh ndu edn bin d;eh
F CELSO LUNA
4621 OAKFOREST AVE
OAKLEY CA 94561
L J
YOUR GENERAL ASSISTANCE MILL BE DISCONTINUED EFFECTIVE APR 30. 1993
BF�AUSE YOU HAVE DEMONSTRATED WILLFUL NONCOOPERATION OR NONCOMPLIANCE
WI H THE REQUIREMENTS OF THE GENERAL ASSISTANCE ALCOHOL DRUG DIVERSION
SERVICE BY FAILING TO MEET YOUR RESPONSIBILITIES WITHOUT GOOD CAUSE IN
THESE SPECIFIC INSTANCES:
DATE OF FAILURES) NATURE OF FAILURES) C u
R A to P. m.ao�%3
.BECAUSE OF THESE FAILURES YOU WILL BE INELIGIBLE TO GENERAL ASSISTANCE
FOR A PERIOD OF ONE MONTH.
IF YOU WISH TO REAPPLY FOR GENERAL _ASSISTANCE• YOU MAY AGAIN IF
ELIGIBLE TO AID ON OR AFTER (ri-\ DEPENDING UPON YOUR
CIRCUMSTANCES AT THAT TIME.
ANY FURTHER FAILURE TO MEET THE ELIGIBILITY REQUIREMENTS OF THE GENERAL
ASSISTANCE ALCOHOL DRUG DIVERSION SERVICE MAY RESULT IN ANOTHER PERIOD
OF INELIGIBILITY.
IF YOU HAVE ANY QUESTIONS, OR YOU BELIEVE THIS ACTION IS INCORRECT• OR
YOU WISH TO GIVE YOUR REASONS WHY YOU THINK ANY FAILURE TO COOPERATE OR
TO COMPLY WITH GA REQUIREMENTS SHOULD BE EXCUSED• YOU ARE ENTITLED TO
TALK AFOUT THESE THINGS WITH YOUR ELIGIBILITY WORKER OR THE SUPERVISOR.
THIS ACTION IS REQUIRED BY THE FOLLOWING LAWS AND/OR REGULATIONS
DEPARTMENT MANUAL SECTIONS: 49-102 APPLICATIONS AND RECEPTION
49-111 DISCONTINUE• GOOD CAUSES
WILLFULNESS9 AND PERIOD OF
INELIGIBILITY
3-,',ioruo EMPLOYABLE PROGRAM
51�- EMPLOYMENT SERVICES
BOARD RESOLUTION 92/553
GA239 DISC- FAILED TO._MEET GAADDS REQUIREMENT, PO _ 011
GA 239H(5/87) V'-
"' 041493 H
GA 239 H
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pG ME11 fTOti
1. You have the right to a F it}f�rr.�re;i ntatives of tt���ocj Service De artment to talk about this intended
"Isiccpaction. At such a confers , you may speak for yourself or be represented by a lawyer, a friend or other spokesman.
If you want a.conference, contact your work-Cr within ton-days of the date of this notice.
2. If this notice:proposes a denial or discontinuance or..a period of ineligibility for failure to meet.program
requirements, you are entitled to a hearing at.which the Department must prove your failure to comply, and ,you will
be entitled to show that the failure is excused for good cause or because it was not willful.
3. Whether you request a conference or not14you also fiave the right to request,a Hearing and a decision. Your request
j. must be.in wiiting. Your request for a hearink mtkA be mailed or delivered to Social Service Department within 14
days of.ihe date of this notice.
4. t. If you ask for a He within 14 days of the date of this notice, and if this notice proposes a reduction or
termination of a,GA.grant that you are now r"civing, your aid will be continued until a decision has been reached.
5. Your county worker will help you ask for a Hearing.
6. If the decision is that you were not entitled to.the aid which you were paid, the overpayment may be recovered from
you by reducing your'General Assistance grant'lfter the decision,-or through other, legal :.;;,.i:;.
7. At a Hearing you have the right to be represented by an attorney or any other person (a friend, relative, or any other
spokesman) of your choice. If you need an interpreter we will provide one for you. You may obtain free legal advice
and services by contacting the nearest legal services office at:
CONTRA COSTA LEGAL SERVICE SERVICES FOUNDATION
From East CCC call 439-9166 - �
From West CCC call 233-9954
From Central CCC call 372-8209
8. You have the right to request that the Eligibility Worker, Work Programs staff, or any staff member who has actual
knowledge regar&ng the issue under appeal be present at the Hearing as.a witnoss.
9. Regulations governing H4arings are avail4ble at this.office of the county welfare department..
IF YQU WISH TO,REQUEST A•HEARING;WRITE TO:`
Office of appeals coordinator
40 Douglas Drive
Martinez, CA 94553-4068
Please include one copy of this notice with your hearing request and keep the other copy for your records.
If you wish to have your worker.or other staff person present at the Hearing, please indicate that on vour Hearing request.
REMEMBER THAT YOUR REQUEST FOR HEARING 1[UST BE MAILED OR DELIVERED TO THE SOCIAL
SERVICES DEPARTMENT WITHIN 14 DAN'S OF THE DATE OF THIS NOTICE.
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CONTRA COSTA COUNTY
'
DEPARTMENT OF HEALTH SERVICES
General Assistance Alcohol and Drug Dk/cro&nn Services
RR06RA[N DESCRIPTION CORE STRUCTURE
To the prospective participant:
V, CIE 6e upon referral from Socia; Services and upon
enrollment in the <3AAODS Counseling program AGREE TO CC]K892y.mith the following program nu|eo^
conditions and client ���u�onmontm, _
.
�
Participate for m minimum of six months in an h}tenuKa* program of counseDng n |'"
and to mb��/ by the rules, conditions, and requirements ofthat- ' - ; of '
six months will bmdue topre-treatment phases (phase I & phase U), holidays, or.emergencies that may
arise.
-
FThe prov��ens of 1he oerv�e in Contna Cnota County is thn Gnnnra| Assistanoe AJooho| aod Drug [Xveru�nxicen (GAADDSL raqu�wrnwn1 for th� ���O�� Prngr�nm �ne�. � ~- -
Total abstinence from alcohol and all mind-altering drugs.
Full participation for a minimum of six months in a program of education, counseling and other
�-^
treatment deemed necessary by the GAA[}DB Program's staff, - '
Total abstinence means the continuous abstention from all alcoholic beverage or mind-`lftednQ ckuQ for the
.
duration of the program.
~
If the participant fails to maintain total abstinence, that participant will be referred to an appropriate
alcohol/substance
ex`*/t ./ appropriate. Participant will also be referred to supervised Antabuse and other medically
acceptable medication to assist the parompanm-mo
_ nmedication tan be
-
partoyhLs/hortms� nentpUan. Refusal to me_d-,caI
shall bagrounds for
termination.
(The GAADDS Program is designed to work on the p?Q:icipani's problem of alcoholldrug abuse and other
p1roblems that' ^
disruption in his/her life. Participation in the program wi req
' minimum of 104 may cause
meetings in the course of the 6 months. This |n .�oy education group� -
�esm
mn
Alcoholics Anonymous or Narcotics Anonymous meetings. ^
.
The participantvxU attend minimum of (2) GAADDS sessions per week for aminimum of2Oweeks. The �
purpose of the meetings is to impart factual information about alcoholldrug use and to provide an opportunity `
\
to discuss problems related to its abuse.
�
Education sessions will consist of weekly two (2) hour sessions. All materials required will be provided by the
program staff.
Group therapy sessions shall consist of (1) vvoekK/ one and one-half (1.6) hour session.
Individual problems and general areas of concern will be dealt with by the use of group interaction. Some of
the subjects covered will be causes and treatment os substance abuse, coping skills (fears, anxieties, angor,
depression, losses etc) effmp-mofthVabuo elfimnOy unit andteboming a whole person through the self
examination process.
Regularly scheduled sessions may be missed only on the basis of medical or court appearances, verified to the
satisfaction of the program staff. The,on|y way in which an unexcusod absence can be changed into on
excused absence is by producing verification that the absence was court or medically related. Tardiness of
more than five (5) minutes to scheduled sessions will result in the participant being denied admission to that
particular session' Absences will require making arrangements with staff to provide alternatives to missed
sessions.
`
. .
The participant will attend meetintof Alcoholics Anonymous (AA) or Narc Ills Anonymous (NA) of his/her
choice within Contra Costa County twice every week for 26 weeks.AA and NA are established and successful
fellowships with experience in dealing with the problem of alcohol and drug abuse. These fellowships are
valuable to individuals in providing a social support system. This can continue to be of value to the participant
during program participation and after he/she leaves the GAADDS Program. r`.
�If it appears necessary, the participant will be referred to additional treatment such as: medical care,
detoxification, residential placement, antabuse, psychotherapy, family counseling, etc. In addition, random_
testing by a breathalyzer and/or urinalysis will be at the discretion and direction of the program staff. Should
a participant refuse random testing, this will be treated as an unexcused absence or failure to comply with
treatment plan. Each positive breath/urine test will result in an unexcused absence.
Every attempt will be made to identify and correct problems to avoid participants being terminated.
Termination shall result for the following documented reasons:
1. Failure to maintain total abstinence.
2. Failure to attend required GAADDS Program.
3. Failure to attend required Alcoholics Anonymous or Narcotics Anonymous meetings.
4. Three unexcused absences or excessive excused absences.
5. Refusal to accept program referrals when required.
6. Refusal to take a breatalyzer or urinalysis test.
7. Behavior which is disruptive to program functions.
8. Three positive Breathalyzer or Urinalysis tests.
9. Failure to comply with medically prescribed treatment.
Termination will result in the participant being referred back to the referring agency.
Lialcohol/drug
Thiprogram is demanding, yet th_ a results can be rewarding JThe rules will be strictly enforced. However,
ill enable'the-participantto understandandbegin to address 'the seriousness of his/her misuse of
and the resulting problems. _
I hereby agree to comply with the program rules, conditions and client requirements as outlined above in the
Description of the GAADDS Rules, Conditions, And Client Requirements for Partclpation. I have read the
above-mentioned document and I have reviewed the document with a program staff member. I understand
the program rules, conditions, and client requirements and the consequences if I fail to comply with them.
Cllani Slpnslurs Oete Mened
Witness Sienstwe
Date Signed
o t1?
@ a
m � �
,.. .. ...tM0 00 - v o
0 i t G ID
,*
�-+ .ter
_ K wo
7C C :! 5
Q OW
G
c)
r L
Z ,� 3
. 04 C� C: 0 a D -D i fie �.� '�'� W �
t o N �iil;tI
� t1i �"•� tir*r.�.•rreR
. Lv
Social Service Department Contra PleaseDoug/ s Drive
Perteeto Marreal Martinez,California 94553-4068
.Director Costa
County
. o
sT�-coir
GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION
IN THE MATTER OF:
Celso Luna, claimant County No.: 0793-0202100-C4FD
4621 Oakforest Ave. Notice of Action: 04/15/93
Oakley, CA 94561 Effective Date: 04/30/93
Appeal Filing Date: 04/19/93
Aid Paid Pending: No. Discontinued
for other reasons.
Date of Hearing: May 12, 1993
Place of Hearing: Antioch, California
Appeals Officer: Carole C. Allen
Income Maintenance Representativc: Robin Nanni
1SSl`t;
4
Alicthcr the ('oirity is c arch in irs daz, c.4 anuarlx of claimant'. 0abctal A.aususts e. a:a!
the imposition of a one month period of incligitnhf%, Saacd on claimants. "11W latlu .
without good camc, to ancnd a schcdulod Umcral Antsumc AkoNA and DrW
Diversion Senices appointmcnt on March 26. 1993.
COUNT' POSITION
:a
Claimant has been a recipient of General Assistance (G.A.) since February, 1993. On
2/22/93, claimant was referred to the G.A. Alcohol and Drug Diversion Services
(GA.ADDS). On 3/26/93, the Eligibility Worker was notified in writing by the GAADDS
office that claimant kept his treatment planning appointment on 3/26/93 but refused to
attend AA/NA meetings and refused to stop drinking.
Evidentiary Hearing Decision
Celso Luna
0793-0202100
Page 2
Based on the above, the County notified claimant of the discontinuance of his G.A. and
the imposition of a one month period of ineligibility because of claimant's willful failure,
without good cause, to cooperate with requirements of the G.A. program
CLAIMANTS POSITION
Claimant testified that he is 59 years old and is not a dope addict or an alcoholic. He
stated he was told at his second meeting with GAADDS that he had to attend AA
meetings. They told him he had to abstain from drinking. Claimant refuses to comply
with these requirements because he likes to have a glass of wine with meals and at his
age he is not going to change his ways. He stated he has nothing to gain from complying
with GAADDS requirements.
REGULATORY AUTHORITY
Department Manual Section 49-111,II,E,4, provides in relevant part that recipients are
responsible for cooperating with GAADDS.
Board of Supervisors Resolution #92/857 adopted December 15, 1992, provides:
(a) Absent evidence to the contrary, it is presumed that the duties of Department staff
have been currently performed. Absent evidence to the contrary, it is presumed that the
ordinary consequences of an applicant's or recipient's voluntary acts are intentional.
(b) A willful act is one that is intentional or without reasonable excuse or cause. It need
not be done with malice, nor with a specific purpose to violate program requirements.
Failure to comply by a person who is mentally disabled to the extent that s/he does not
understand his/her responsibilities or is incapable of fWfilling them is not willful.
Conduct which involvcs physical disability or lesser mcntal disability may or may not be
willful.
(c) Each case will turn on its own facts. A determination must be made based on
evidence. Evidence can be direct or it may be inferred from a recipient's acts. The
burden of proof to establish good cause is on the recipient.The Department may prove
lack of good cause by demonstrating (A) willful failure or refusal of the recipient to
follow program requirements, or (B) not less than three separate acts of negligent failure
of the recipient to follow program requirements, which may include acts for which the
recipient has previously been discontinued from aid or sanctioned.
i
Evidentiary Hearing Decision
Celso Luna i
0793-0202100
Page 3
Department Manual Section 49-111,II,E,1, provides that a recipient who fails to cooperate
with the Social Service Department by failing to meet any one of his or her enumerated
responsibilities without good cause, shall be discontinued aid, and sanctions will be
imposed as follows:
a. first failure: one month
b. second failure: three months.
c. third failure: six months.
Department Manual Section 49-111,II,E, provides for good cause reasons for failure to
cooperate with program requirements. The reasons which establish good cause for a
failure to cooperate or comply must be verified, and are limited to the following:
a. employment has been obtained,
b. scheduled job interview or testing,
c. mandatory court appearance,
d. incarceration,
e. illness,
f. death in the family,
g. other substantial and compelling reason. These must be reviewed and approved
by the Division Manager.
CONCLUSION AND FINDING OF FACT
The agreement that GAADDS participants sign when accepted into the program requires
participants to maintain abstinence from alcohol. It requires full participation for a
minimum of six months in a program of education, counseling, etc., deemed needed by
GAADDS staff. .Claimant knew these requirements and made a decision to not cooperate
with them.
Claimant has made it very clear that he will not cooperate with GAADDS requirements.
Since the receipt of G.A. depends on the recipient's cooperation with GAADDS, claimant
is not eligible for G.A. as long as he refuses to cooperate. In the matter under appeal,
claimant willfully failed to cooperate with GAADDS requirements. Thus, the County's
proposed termination of his G.A. and the imposition. of a one month sanction period is
correct.
E-videnti�'Y Hearing peciatOti
Cc-Iso IuIa
0793--0202104
page 4
s denied. ��saztCt1p1'
Cland shall be ���
aim i
Claimants
G.A. shall be d a o�te
ate
ylCe A e a
oCa aw
e the Contra
�er
decision you msY CA
If Wl
you � &aaxisfi of S .�sam 651
counts Board ct of List �'�'r'f for � •t tt� •
C titins w ith the 0st
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�..__..--..p•:-.T',`: — :tiny.�..:�i;'°.-'!.w,�v?�.F�;�:.,�. Sct":
fit: L9y
The Guar of Supervise Contra Phil Batchelor
ftheBoar
Clerk of the Board
and
County Administration BuildingCOSta County Administrator
651 Pine St., Room 106 (510)646-2371
Martinez, California 94553 County
Tom Powers.1st District
Jeff Smith,2nd District
Gayle Bishop.3rd DistrictO�
Sunne Wright Mcpeak 4th District
Tom Torlskson,5th District
June 21 , 1993
Celso Luna
4621 Oak Forest Avenue
Oakley, CA 94561
Appeal to Board of Supervisors
General Assistance Benefits
In response to your request and pursuant to Section 14-4. 006
of the County Ordinance Code, this is to advise that a hearing on
your appeal from the administrative decision rendered in your case
on General Assistance benefits will be held before the Board of
Supervisors in the Board Chambers, Room 107 , County Administration
Building, 651 Pine Street, Martinez, California, at2: 00 p.m. on
Tuesday, July 13 , 1993 .
In accordance with Board of Supervisors Resolution No. 75/P8,
your written presentation and all relevant material pertaining to
the appeal must be filed with the Clerk of the Board (Room 106,
County Administration Building, 651 Pine Street, Martinez) at least
one week before the date of the hearing. Your attention also is
directed to the other provisions of said Resolution (copy enclosed)
which set forth the General Assistance Appeal procedure.
Very truly yours,
PHIL BATCHELOR, Clerk nf. the Board
oferv' ors County Administrator
By —tA A I J 7
A 0 erve i , Deputy C er
- Enclosure
cc: Board Members
Social Service Department
Attn: Appeals & Complaints
County Counsel
County Administrator
...- ,
BOARD OF S&VISORS OF CONTRA COSTA COUN* CALIFORNIA
Re: General Assistance )
Appeals Procedure ) RESOLUTION NO. 75/28
(Jan. 14 , 1975)
The Contra Costa County Board of Supervisors RESOLVES THAT:
Appeals from decisions of the Social Service Department 's
Complaints and Appeals Division regarding, General Assistance
are made 'to the Board of Supervisors pursuant to hoard of
Supervisors Resolution 74/365; and this Board therefore estab
lishes these uniform procedures for. such appeals, effective
today.
1. A written appeal must be filed with the Clerk of the
Board of Supervisors within 30 days after the decision by tht
Hearing Officer of the Social Service Department 's Complaints
and Appeals Division.
2. Both the Appellant (the General Assistance applicant
or recipient) and the Respondent (the Social Service Department)
must file all written materials at least one week before the date
set for Hoard hearing, of the appeal. : -
3. Upon hearing of the appeal , the Board shall make any
required fact determinations based .on the record on appeal. This
record shall include the Department's Hearing Officer's fact
findings, plus any papers filed with that ,-Officer. The board will
not allow the parties to present new facts at time o e81
e. th.e_T._ aantation will be
o oprecen
dire a
If the .facts upon which $;he. appeal is based are not in
dispute, or if any. disputed,SjLCts1:are' not relevant to the issue
ultimately to be decided by the Eoard', the Hoard will proceed
fact questions.
Immediately to the next atQA, ithout ;co.nsiderinP
The parties may stipulate ,to• ari j reed bet of facts.
4. Once the facts are determined, or if there are no fact
determinations required..by- th;4'%0j)'e81, the hoard will consider
legal is sues 'presented- by 'ths appeal. Lc'M& last+p, ire to�eT
framed insofar as possible re the hearingand shall be_
based rtm Hearine Officer's decis on-and' stich other
papers as - -
Appealing parties may make legal arguments both by written
brief and orally before the..Boardr , If the issues are susceptible
of immediate resolution, the Board may, if it desires , immediately
decide them at the appeal hearing;. If the County Counsel's ad-
vice is needed on legal questions, the Board will take the matter
under submission, reserving its final ,judgment until it receives
such advice.
-1-
RESOLUTION NO. 75/28
11116
5. If the Board's tentative decision Is adverse to the
appellant, the Board may modify or reverse its tentative con-
c2uslon for policy reasons, Insofar as such modification Is not
Inconsistent with law. Such action may be taken when the board,
in its discretion, determines it -to be necessary to moderate or
eliminate unduly harsh effects thkt might result from strict
application of law or regulation. The Board may also determine
that its policy for similar future cases Is to be modified In
accordance with its decision. Unless so stated, a. decision
shall have no precendential effect on future cases .
G. Having; made factual determinations , having received
advice on the legal issues, and having applied policy consIdera-
tions, the Board will In due course render Its decision. The
decision will be in writing, stating findings of fact if any have
been made, and summarizing the reasoning of the decision. The .
Board may direct the County -ppunsel ,to draft a proposed decision
. " 4
for Its consideration.
7. The Board may contract'' w.ith :a bearing officer, who shall ,
be a member of the California Bar, to .act on Its behalf in con-
ducting General Assistance appeals. The Board 's Hearing Officer
shall follow steps .. 1 through 4 above., and shall recommend a
proposed decision,. stating findings off' fact and summarizing the
reasoning of the proposed decibion. The Board then will in its
discretion, adopt the proposed decision, adopt a modified de-
cision In accordance with step 5 above, or reject the proposed
decision and render an independent decision based on Its own
interpretation of the record on appeal and applicable law.
PASSED on January 111 , 1975, unanimously by the Supervisors present.
1 �
MIMED COPY
I corutY that this is a full, true & correct tally of
the orixiDal document which Is on file In my offlie,
and that It was passed A adopted by the Board of
Supervisors of Contra Costs County, California, on
the date shown. ATTEST: J. R. OLSSON, County
Clerk&es-officio Clark of said Board of Supervisors,
by Deput Clerk.
an jAN 1 41975
Director, Human Resources Agency
Social Service
County Counsel
County Auditor-Controller
County Administrator
CLERK OF THE BOARD
Inter - Office Memo
TO: Social Services Department DATE: ,lune 21 , 1993
Appeals and Complaints Division
FROM: Jeanne Maglio, Chief Clerk
Ann Cervelli, Deputy Clerk
SUBJECT: Hearing on Appeal from Administrative Decision Rendered
on General Assistance Benefits Filed by Celso Luna
Please furnish us with a board order with your recommendations and
a copy of all material filed by both the appellant and the Social
Service Department at the time of the Appeals and Complaints
Division evidentiary hearing, plus any information which your
department may wish to file for the Board appeal which is set for
2: 00 P•m• on Tuesday, July 13 , 1993 .
Attachment
cc:
Board Members
County Administrator
County Counsel
GA Program Analyst-SS Dept .
40Doug3as Drive
REC:t�vtu
JLP2CLERK ID OF i Ick
ORS
COVSTA CO.
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CONTRA COSTA COUNTY
DEPARTMENT OF HEALTH SERVICES
General Assistance Alcohol and Drug Diversion Services
PROGRAM DESCRIPTION/ CORE STRUCTURE
To the prospective participant:
CF_ upon referral from Social Services and upon
enrollment in the GAADDS Counseling program AGREE TO COMPLY with the following program rules,
conditions and client requirements.
Participate for a minimum of six months in an intensive program of education, counseling and
treatment', and to abide by the rules, conditions, and requirements of that program; time in-ixcess of
six months will be due to pre-treatment phases (phase I & phase 11), holidays, or.emergencies that may
arise.
The providers of the service in Contra Costa County is the General Assistance Alcohol and Drug Diversion
Services (GAADDS).
The requirement for the GAADDS Program are:
Total abstinence from alcohol and all mind-altering drugs.
Full participation for a minimum of six months in a program of education, counseling and other
treatment deemed necessary by the GAADDS Program's staff.
Total abstinence means the continuous abstention from all alcoholic beverage or mind-iftering drug for the
duration of the program.
If the participant fails to maintain total abstinence, that participant will be referred to an appropriate
alcohol/substance abuse program for detoxification. GAADDS staff will refer the participant to residential
placemeff if appropriate. Participant will also be referred to supervised Antabuse and other medically
S1 his/her disorde'. Ti�ii use of medication can be
acceptable medication to assist tfii—participin- overc2mi r
part of his/her treatment plan. Refusal to accept such referralsformedical examinations shall be grounds for
termination.
The GAADDS Program is designed to work on the participant's problem of alcohol/drug abuse and other
problems that may cause disruption in his/her life. Participation in the prop raffi—W-7i f—requiri-i7fiEn—dance of a
z
minimum of 104 meetings in the course of the 6 months. This includes education and group sessions,
Alcoholics Anonymous or Narcotics Anonymous meetings.
The participant will attend a minimum of (2) GAADDS sessions per week for a minimum of 26 weeks. The
purpose of the meetings is to impart factual information about alcohol/drug use and to provide an opportunity
to discuss problems related to its abuse.
Education sessions will consist of weekly two (2) hour sessions. All materials required will be provided by the
program staff.
Group therapy sessions shall consist of (1) weekly one and one-half 0.5) hour session.
Individual problems and general areas of concern will be dealt with by the use of group interaction. Some of
the subjects covered will be causes and treatment os substance abuse, coping skills (fears, anxieties, anger,
depression, losses etc) effects of the abusi'o—W—the—fimily unit and becoming a whole person through the self
examination process. `-7 -
Regularly scheduled sessions may be missed only on the basis of medical or court appearances, verified to the
satisfaction of the program staff. The only way in which an unexcused absence can be changed into an
excused absence is by producing verification that the absence was court or medically related. Tardiness of
more than five (5) minutes to scheduled sessions will result in the participant being denied admission to that
particular session. Absences will require making arrangements with staff to provide alternatives to missed
sessions.
The participant will attend meetingsIcoholics Anonymous (AA) or N3rcc,,.ic nonymous (NA) of his/her
choice within Contra Costa County tvW every week for 26 weeks.AA and NA dWstablished and successful
fellowships with experience in dealing with the problem of alcohol and drug abuse. These fellowships are
valuable to individuals in providing a social support system. This can continue tc be of value to the participant
during program participation and after he/she leaves the GAADDS Program.
�If it appears necessary, the participant will be referred to additional treatment such as: medical care,
detoxification, residential placement, antabuse, psychotherapy, family counseling, etc. In addition, random_
testing by a breathalyzer and/or urinalysis will be at the discretion and direction of the program staff. Should
a participant refuse random testing, this will be treated as an unexcused absence or failure to comply with
treatment plan. Each positive breath/urine test will result in an unexcused absence.
Every attempt will be made to identify and correct problems to avoid participants being terminated.
Termination shall result for the following documented reasons:
1. Failure to maintain total abstinence.
2. Fa;lure to attend required GAADDS Program.
3. Failure to attend required Alcoholics Anonymous or Narcotics Anonymous meetings.
4. Three unexcused absences or excessive excused absences.
5. Refusal to accept program referrals when required.
6. Refusal to take a breatalyzer or urinalysis test.
7. Behavior which is disruptive to program functions.
8. Three positive Breathalyzer or Urinalysis tests.
9. Failure to comply with medically prescribed treatment.
Termination will result in the participant being referred back to the referring agency.
L
program is demanding, yet the results can be rewarding. The rules will be strictly enforced. However,enable the participant to understand and begin to address 'the seriousness of his/her misuse ofhol/drug and the resulting problems.
hereby agree to comply with the program rules, conditions and client requirements as outlined above in the
Description of the GAADDS Rules, Conditions, And Client Requirements for Participation. I have read the
above-mentioned document and I have reviewed the document with a program staff member. I understand
the program rules, conditions, and client requirements and the consequences if I fail to comply with them.
Client Sign.twe Dote somd .
W urea Signature
Date Signed
Contra Costa County . Social Service Department
MEDICAL ASSESSMENT
DATE OF REFERRvyOF
�✓ EMPLOYABILITY STATUS 06 18 93
PAT N A E CouNry M6 NLY
7
S L SECURITY i BIRTHDATE �VIVA
�61 �j / NEW APPLICATION PITT T 7, ELSO
❑ S10
C 679--8907 AO
AS AME REEVALUATION
.,Q ;SSI PENDING I 1 t
IGIBILITY TELEP ONE NO i 4
GT 7 / I
PATIENT'S AUTHORIZATION
I authorize the release of all information for the purpose of continuity of patient care and verification of disabilityfor
Public Assistance to Contra Costa County Social Service Department, including information which maybe related to drug,
alcohol or psychiatric conditions. This authorization is valid until: or one year from signing.
PATIENT'S SIGNATURrr DATE
P ENTS STATED COMPLAINT/REASON FOR REFERRALy
DATE LAST WORKED —/ - USUAL OCCUPATION:
TO BE COMPLETED BY PHY ICIAN
1. DEGREE OF EMPLOYABILITY
❑ EMPLOY WITH NO LIMITATIONS UNABLE TO WORK UNTIL
ate
MPLOYABLE WITH THE FOLLOWING LIMITATIONS ❑ PERMANENTLY DISABLED
(Please specify)
2. DIAGNOSIS �-
07; �j
3. PROGNOSIS (I 7�1
4. Does this patient have alcohol/other substance abuse problems 7 N
If'YES', is patient receiving treatment? B-30W5 ❑ NO
S. Does this patient require a special diet? ❑ YES
If'YES',
Type of diet Duration
This is to certify that this patient was last seen on -\`�—'�� Next scheduled appointment is �J J
date date
Doctor' rrye/Tit HospitaKlinic Location date
V
Form Completed By date
Copy 1: IM Case i 2
GA 341 (Rev.9/86) Copy 2: Physician
Ret. DM 49.220 Copy 3: Control
00"
0 Or
06 ( : • 1 : J J J J :) U _) �) ;) ) ) ) :300
O • ( C, • ( :: : :.IJJJJ7 ► ) • •
a JO
Day Date Tjme
!A- 3:3m
•Don't drink or use •Go to 12-Step meeting
•Show up on time •Participate in your own recovery
04 c 00 :: ;) : ) ;) lam) ;) ) _ ) .. ) , ► ► .) • •
The Board of Supervi*s Contra • Phil Batchelor
Clerk of the Board
and
County Administration Building Costa County Administrator
651 Pine St., Room 106 15101646-2371
Martinez, California 94553 County
Tom Powers, 1st District
Jeff Smith,2nd District
Gayle Bishop.3rd District
Sunne Wright McPeak 4th District
Tom Torlakson,5th District
fous
June 21 , 1993
Celso Luna
4621 Oak Forest Avenue
Oakley, CA 94561
Appeal to Board of Supervisors
General Assistance Benefits
In response to your request and pursuant to Section 14-4. 006
of the County Ordinance Code, this is to advise that a hearing on
your appeal from the administrative decision rendered in your case
on General Assistance benefits will be held before the Board of
Supervisors in the Board Chambers, Room 107 , County Administration
Building, 651 Pine Street, Martinez, California, at2 : 00 p.m. on
Tuesday, July 13 , 1993 .
In accordance with Board of Supervisors Resolution No. 75/26,
your written presentation and all relevant material pertaining to
the appeal must be filed with the Clerk of the Board (Room 106,
County Administration Building, 651 Pine Street, Martinez) at least
one week before the date of the hearing. Your attention also is
directed to the other provisions of said Resolution (copy enclosed)
which set forth the General Assistance Appeal procedure.
Very truly yours,
PHIL BATCHELOR, Clerk of the Board
of erv' ors County Administrator
Y
B pya
A erve .i, Deputy Clerk
Enclosure
cc: Board Members
Social Service Department
Attn: Appeals & Complaints
County Counsel
County Administrator
BOARD OF ,ERVISORS OF CONTRA COSTA COU ', CALIFORNIA
Re: General Assistance )
Appeals Procedure ) RESOLUTION NO. 75/28
(Jan. 14 , 1975)
The Contra Costa County Board of Supervisors RESOLVES THAT:
Appeals from decisions of the Social Service Department 's
Complaints and Appeals Division regarding, General Assistance
are made to the Board of Supervisors pursuant to Board of
Supervisors Resolution 74/365; and this Board therefore estab
lishes these uniform procedures for- such appeals, effective
today.
1 . A written appeal must be filed with the Clerk of. the
Board of Supervisors within 30 days after the decision by the
Hearing Officer of the Social Service Department 's Complaints
and Appeals Division.
2. Both the Appellant (the General Assistance applicant
or recipient) and the Respondent (the Social Service Department)
must file all written materials at least one week before the date
set for Board hearing, of the appeal.
3. Upon hearing of the appeal , the Board shall make any
required fact determinations based .on the record on appeal . This
record shall include the Department 's Hearing Officer's fact
findings, plus any papers filed with that ,.Officer. The board will
not allow the parties to present new facts at time of appeal ,
either orally or in writing, and any such presentation will be
disregarded.
If the .facts upop which Zhe. appeal is based are not in
dispute, or if any. dispute.d.S`ppts1-are' not relevant to the issue
ultimately to be decided by the Board', the Board will proceed
immediately to the next -atep,,.W=bout considering fact questions.
The parties may stipulate ,to•'an agreed bet of facts.
4. Once the facts are determined, or if there are no fact
determinations required :tiY ttijU4p Val, the Board will consider
legal issues -presented- by `the• -eppbal. Legal issues are to be .
framed, insofar as possible, before the hearing and shall be
based on the Department 's Hearing Officer's decision- and such other .
papers as may be filed.
Appealing parties may make 'legal arguments both by written
brief and orally before the,.Boardd , If the issues are susceptible
of immediate resolution, the Board may, if it desires , immediately
decide them at the appeal hearing. If the County Counsel's ad-
vice is needed on legal questions', the Board will take the matter
under submission, reserving its final .judgment until it receives
such advice.
-1-
RESOLUTION NO. 75/28
•
5. If the Board's tentative decision is adverse to the
appellant , the Board may modify or reverse its tentative con-
clusion for policy reasons, insofar as such modification is not
Inconsistent with law. Such action may be taken when the Board,
in its discretion, determines it -to be necessary to moderate or
eliminate unduly harsh effects that might result from strict
application of law or regulation. The Board may also determine
that its policy for similar future cases is to be modified in
accordance with Its decision. Unless so stated, a decision
shall have no precendential effect on future cases .
G . Having made factual determinations , having received
advice on the legal issues, and having applied policy cons•idera-
tions , the Board will in due course render its decision. The
decision will be in writing, stating findings of fact if any have
been made, and summarizing the reasoning of the decision. The .. .
Board may direct the County .Counsel ,to draft a proposed decision
for its consideration.
7 . The Board may contract, with :a hearing officer, who shall .
be a member of the California Bar, to .act on its behalf in con-
ducting General Assistance appeals . The Board 's Hearing Officer
shall follow steps .. 1 through ,4 .above,, and shall recommend a
proposed decision, stating findings o� fact and summarizing the
reasoning of the proposed decision. The Board then will in its
discretion, adopt the proposed decision, adopt a modified de-
cision in accordance with step 5 Above, or reject the proposed
decision and render an independent decision based on its own
Interpretation of the record on appeal and applicable law .
i PASSED on January 111 , 1975, unanimously by the Supervisors present.
i
i
MTMED COPY
I certify that this is a full, true ! correct covy of
the original document whlcb is on file in my offlee,
and that it was passed & adopted by the Board of
Supervisors of Contra Costa County, California, on
the date shown. ATTEST: J. R. OLSSON, County
Clerk 3 ex-officio Clerk of said Board of Supervisors,
01 DebutClerk.
� JeN 1 1975
cc: Uirector, Human Resources Agency
Social Service
County Counsel
County Auditor-Controller
County Administrator
r
Cor,I-ra
Coad Department of Health Services
County G.A.A.D.D.S.
2400 Sycamore Drive,#29
°. Antioch,California 94509
(510)427-8582
Fax(510)427-8585
Day _ Date Ti me
iA
•Don't drink or use •Go to 12-Step meeting
•Show up on time •Participate in your own recovery
R E1VE®
JUN pq
• - CLERK BOARD OF SUPERVISORS -
CONTRA COSTA CO.
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• CONTRA COSTA COUNTY •
DEPARTMENT OF HEALTH SERVICES
General Assistance Alcohol and Drug Diversion Services
PROGRAM DESCRIPTION / CORE STRUCTURE
To the prospective participant:
upon referral from Social Services and upon
enrollment in the GAADDS Counseling program AGREE TO COMPLY with' the following program rules,
conditions and client requirements.
; . Participate for a minimum of six months in an intensive program of education, counseling and
' treatment, and to abide by the rules, conditions, and requirements of that program; time in excess of
six mo hs will be due to pre-treatment phases (phase I & phase II), holidays, or emergencies that may
arise. -
The providers of the service in Contra Costa County is the General Assistance Alcohol and Drug Diversion
Services (GAADDS).
The requirement for the GAADDS Program are: J
1. Total abstinence from alcohol and all mind-altering drugs.
Full participation for a minimum of six months in a program of education, counseling and other
treatment deemed necessary by the GAADDS Program's staff.
Total abstinence means the continuous abstention from all alcoholic beverage or mind-altering drug for the
duration of the program.
If the participant fails -to maintain total abstinence, that participant will be referred to an appropriate
alcohol/substance abuse rogram for detoxification. GAADDS staff will refer the participant to residential
�ptacemen if appropriate. Participant will also be referred to supervised Antabuse and other medically
acceptable medication to assist the participant 1n overcomin4 his/her disorder. The use of medication can be
part of his/her treatment plan. Refusal to accept such refe(Fils for medical examinations shall be grounds for
termination.
The GAADDS Program is designed to work on the participant's problem of alcohol/drug abuse and other
problems that may cause disruption in his/her life. Participation in the program`wiTl—r equire attendance of a
minimum of 104 meetings in the course of the 6 months. This includes education and group sessions,
Alcoholics Anonymous or Narcotics Anonymous meetings.
i� The participant will attend a minimum of (2) GAADDS sessions per week for a minimum of 26 weeks. The
purpose of the meetings is to impart factual information about alcohol/drug use and to provide an opportunity
to discuss problems related to its abuse.
Education sessions will consist of weekly two (2) hour sessions. All materials required will be provided by the-
program staff.
Group therapy sessions shall consist of (1) weekly one and one-half (1.5) hour session.
Individual problems and general areas of concern will be dealt with by the use of group interaction. Some.of
the subjects covered will be causes and treatment os substance abuse, coping skills (fears, anxieties, anger,
depression, losses.etc) effects_ of the abuse on the family unit andteboming a whole person through the self
examination process.
Regularly scheduled sessions may be missed only on the basis of medical or court appearances, verified to the
satisfaction of the program staff. The only way in which an unexcused absence can be changed into an
excused absence is by producing verification that the absence was court or medically related.' Tardiness of
more than five (5) minutes to scheduled sessions will result in the participant being denied admission to that
particular session. Absences will require making arrangements with staff to provide alternatives to missed
sessions.
Ii .. .
A.
The participant will attend meetings of Alcoholics Anonymous (AA) or NarcOcs Anonymous (NA) of his/her
choice within Contra Costa County twice every week for 26 weeks.AA and NA are established and successful
fellowships with experience in dealing with the problem of alcohol and drug abuse. These fellowships are
valuable to individuals in providing a social support system. This can continue tc be of value to the participant
during program participation and after he/she leaves the GAADDS Program.
If it appears necessary, the participant will be referred to additional treatment such as: medical care,
detoxification, residential placement, antabuse, psychotherapy, family counseling, etc. In addition, random_
testing by a breathalyzer and/or urinalysis will be at the discretion and direction of the program staff. Should
a participant refuse random testing, this will be treated as an unexcused absence or failure to comply with
treatment plan. Each positive breath/urine test will result in an unexcused absence.
Every attempt will be made to identify and correct problems to avoid participants being terminated.
Termination shall result for the following documented reasons:
1. Failure to maintain total abstinence.
2. Fa;lure to attend required GAADDS Program.
3. Failure to attend required Alcoholics Anonymous or Narcotics Anonymous meetings. .
4. Three unexcused absences or excessive excused absences.
5. Refusal to accept program referrals when required.
6. Refusal to take a breatalyzer or urinalysis test.
7. Behavior which is disruptive to program functions.
8. Three positive Breathalyzer or Urinalysis tests.
9. Failure to comply with medically prescribed treatment.
Termination will result in the participant being referred back to the referring agency.
Lial'cohol/drug
program is demanding, yet the results can be rewarding. The rules will be strictly enforced. Hov✓ever,ilto understand andbegin to address 'the seriousness of his/her misuse of and the resulting problems.
I hereby agree to comply with the program rules, conditions and client requirements as outlined above in the
Description of the GAADDS Rules, Conditions, And Client Requirements for Participation. I have read the
above-mentioned document and I have reviewed the document with a program staff member. I understand
the program rules, conditions, and client requirements and the consequences if I fail to comply with them.
Client signature
Date Signed
Witness Signature
Data Signed
Contra Costa'Count
County a Social Service Department
MEDICAL ASSESSMENT
DATE OF REFERRvy ✓ OF
EMPLOYABILITY STATUS ob a 93
PAT NAM,E COUNTY HE ZF ANLY
S L SECURITY iBIRTHDATE L U IY A
NEW APPLICATION n �, ITT S 0 CELSO
�y
CAS AME ❑ REEVALUATION - �. .. . s ` `9890? .AO
/I J Q ;SSI PENDING 1 �• ? ' J`�a 4
EA:IGIBILITY%Q[q TE LEP ONE NO../
G Y lJ 7 ?
PATIENT'S AUTHORIZATION .,.. ,
I authorize the release of all information for the purpose of continuity of patient care and verification of disabiRy for
Public Assistance to Contra Costa County Social Service Department, including information which may be related to drug,
alcohol or psychiatric conditions. This authorization is valid until: or one year from signing.
PATIENT'S SIGNATUR DATE �
P ENVS STATED COMPLAINT/REASON FOR REFERRAL
DATE LAST WORKED' —� - USUAL OCCUPATION:
TO BE COMPLETED BY PHY ICIAN
1. DEGREE OF EMPLOYABILITY
❑ EMPLOY WITH NO LIMITATIONS � UNABLE TO WORK UNTIL
ate
MPLOYABLE WITH THE FOLLOWING LIMITATIONS: PERMANENTLY DISABLED
(Please specify)
2. DIAGNOSIS 0_-
ivy � ��-� .� e.►-�. —
3. PROGNOSIS �-
4. Does this patient have alcohol/other substance abuse problems-1, _ N
If'YES', is patient receiving treatment? NO
S. Does this patient require a special diet? ❑ YES
If'YES',
Type of diet Duration
This is to certify that this patient was last seen on -\` i —"A Next scheduled appointment is `J
date date
Doctor's fjtA effrt Hospital/Cynic Location date
Form Co(/mhpleted By \� date
Copy 1: IM Case N 2
Copy 2: Physician
GA 341 (Rev. 9/86) Rei: DM 49-220 Copy 3: Control